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Originally Posted by bigred389
Legal preparation? Check your local self-defense laws. Only way to be absolutely sure.
But for a bottom line:
1)Proportional force to the threat
No lethal force until you perceive a lethal force threat...kinda grey, as a 120lb woman can argue a 300lb male attacker constitutes a lethal force threat.
2)Immediate threat
You have to be threatened at the time you act in self defense. So no you can't kick his ass, then walk to your car, get a wrench, and bash his head in to finish the job.
There's also an escalation of force thing involved usually, but if you're ambushed that's not going to be an issue. But the above guidelines are pretty applicable across the board. Some states are more relaxed though, as in you can legally shoot someone stealing your car or what not.
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This is all true, but you have to put it in context. The law deals with the reasonable person... or something to that effect. The question is asked, how would a reasonable person feel, and act in an identical situation. A 120 pound women can use lethal force on a 150 man in most judges and juries eyes because women are not only percieved weaker(not saying this is always correct) but almost defenseless.
The way this would apply to Tom is that if he is ambushed... everything must be taken into context. How big/tall are you Tom? How big/tall do you think the people will be? How deep is their hatred for you, and how much force do you assume or how much force have they communicated either directly or indirectly that they would intend on sending your way. All of these are factors. If 3 250+ pound guys jump 200 pound Tom on his morning jog when he's got headphones on and barely sees it coming, it's reasonable to assume that a court will allow him some slack to deal out SERIOUS bodily harm(nature of the surprise attack, seriousness of percieved threat, size disadvantage, number disadvantage). Though, if he's in a parking lot and he has all the time in the world to escape, or de-escilate the situation, then he may be in some trouble if he stays and kills all of the people involved.
Also, if something did go down, do you plan on waiting for the cops? There are plenty of situations that the cops never know who did it. I've been in and seen situations where no one stuck around to see how much trouble they'd get into.
But if you do stick around, I'm speaking from experience Tom. I have a few friends who got caught or did stick around,some of which got locked up, some of which were aquitted, or didn't even have any charges pressed on them to begin with.
Another good thing to do is announce intent. It sounds a little stupid and weird, but my friend's lawyer told him before if he had just simply said "I don't want to fight you but you're making me feel threatened and I will defend myself if you continue". Though it's a weird way of doing things, if they approach you and you see it coming, try it. If they are already bent on hurting you, why not add to your legal protection. ESPECIALLY if a witness sees you say you didn't want to fight, but were feeling threatened.