This video was very educational. It’s funny to think of how many steps you have to go through to make sure you’re protected under the law when you’re “defending yourself.”
Some states do not have a duty to retreat, or are "stand your ground" type of states for self defense. But yes, self defense is often misunderstood, and it's worth knowing what is required in your state in the event you ever need to defend yourself (or someone else). Thanks for the comment!
Self defense is stopping you from getting hit again. I'm a fight if you get punched in the face you wait to see the second punch you punch them to stop the attacker from hitting you again and in a fight no one just hits you one time.
My wife stabbed me in the chest with scissors, and punched me in the head. I kind of just reacted. I took her down and got them scissors from her. She told the cops I had been holding her down and that's why she stabbed me. They charged me with family violence by occlusion.
One day in high school we were supposed to have art class, but a cop came and we had a police class. He was teaching us about: drugs, school safety,crimes, and self defense. When he was speaking about protecting yourself the cop said: if you attack somebody just because he slapped, pushed, insulted you it's not considered self defense. He told us that if a person starts throwing punches kicks puts you in a hold than we have the right to fight back. One student asked the officer: How can we let a person slap, shove and offend us for no reason. He replied: It's not worth it, and this is the part when you should call us and we will deal with them. The same student asked another question: What happens if he runs away. He said: Look at his face and remember his face details. I completely agree what the cop said.
Good info. But no one is going to be thinking through all these legal technicalities when they are engaged in a serious confrontation. So the law is very flawed in this way. Law makers have probably never thought this through because they have never been in a serious engagement. Rational thought processes shut down when one is in fight or flight mode and autonomic, or primitive processes take over. No one is going to be thinking about what is "excessive force", or when I can reengage after starting a fight, or what qualifies as "trying to escape", etc. A lot of these law decisions are about what is reasonable. I think it is reasonable to understand that one engaged in fight or flight is not actually being reasonable, in the right OR in the wrong. Ryan, is any of this taken into account in the court of law?
colonelclump2000 great question! While the jury is instructed on the law and told to apply it when arriving at their decision, you are absolutely correct that primal fight or flight can take over. Whether the jury takes that into account depends on whether the evidence supports a fight or flight scenario. Personally, I have argued it in a case successfully. The jury agreed and found my client not guilty in a serious assault case due to self defense.
colonelclump2000 Legislators set in air conditioned offices and conceive a model of a perfect society and enact laws based on that model. Their abstract concepts are then deployed in a world of chaos and bedlam by people who are full of jealousy, envy and rivalry.
Cheers for the video content! Apologies for butting in, I am interested in your opinion. Have you tried - Chireetler Dread Free Rule (Have a quick look on google cant remember the place now)? It is a great one of a kind guide for learning self effective defence moves minus the headache. Ive heard some amazing things about it and my mate finally got amazing results with it.
@@RyanPacyga I do have a question, related to the subject.. I am 19 years old, and was previously a senior in highschool until I had to pull out to tend to my mother who has ALS. my stepdad and I have been involved in many altercations in the past 6 years, and I'm trying to find out when to use self defence (and although I am very intelligent, sometimes just a verbal description does not click for me) Here's the situation: In the past my stepdad has been physically abusive.. and he is extremely verbally abusive with me and my mother. He has threatened my life several times and I’ve gotten to the point where I just can’t take anymore.. Some would call me selfish and inconsiderate, however every day is a battle just to control myself because if the constant verbal assault. I’ve been held against a wall with his arm against my throat and he’s repeatedly hit me after I had a mental breakdown. In our last altercation he swung at me and threatened me with the reason why he wouldn’t do to me what he wants because he would end up in jail. (He used to be a prison guard, so any attempt to let police know what's going on results in them blowing me off because they know my stepdad personally, no matter what has happened. Last time I tried to leave this situation held me back and the bus driver (who I was hoping would be able to provide me transportation to a friend's house who was on the way to school and on the same route, the bus driver had called the cops and once they arrived I had lied to them about the situation out of fear of my stepdad) He's gotten in my face and backed me in a corner and repeatedly threatened me and to beat me or "beat the shit outta you". I cannot defend myself verbally with him without fear of a physical altercation no matter what I do or say. Today I was tending to my mother and trying to help her clear some food that she accidentally inhaled (she wasn’t choking, but coughing trying to clear the food from her airpipe because it was small) and he offered cough syrup, and I told him it wouldn’t help and he threw the bottle across the room and stormed out. Anytime my mom tries to defend me he starts yelling at her threatening me. He does nothing thing around the house and expects me to do everything and gets mad when I fall behind. I am expected to cook for the 3 if us (now 4 adults, because my step brother is staying with us temporarily) and take care of my mom at all times, clean, and as stated before cook for 4 adults. It's gotten to the point where I can barely take care of myself because I'm putting my family first and I'm too stressed to take care of myself. I’ve asked my pastor for advice and he’s told me to push through and his wife is telling me to take on everything, however I just can’t take care of 4 adults all by myself. I am tired, emotionally and physically and mentally. I’ve told my mom the next time we get into an altercation, to call the police even though I have called several times in the past. I’m tired of the way he treats her and the way I’m being treated. I’ll end up having to act in self defense soon, knowing how my stepdad is and the moment I do I’ll have to get out of this house.. I fear also the chance of being thrown in jail for assault however at this point I am getting desperate to get out of here. With that being said, in Wich case would I be able to excersize self defence and how could I bring a case in court against him? I want to get my mother out of here too, and she is my only witness other than my bus driver who witnessed my step dad holding me back when I was attempting to leave. I know I am scrambled somewhat, however I have been dealing with this for 6 years and too stressed to worry about wording and grammar..
It sounds like in Minnesota, if you defend yourself from a criminal, you are guilty until you can prove you are innocent. There should NEVER be a "qualification" to plead self-defense. It should ALWAYS be up to the jury to decide whether or not the defender acted in self-defense.
Why would you shoot someone who punch you? Will you die when you get punch? File charge, you are not the law to put someone to death just because you couldn't take a punch.
@@emmylouhaught8572you are out of reality. get you some knowledge at least from the professionals - lawyers or even martial arts trainers - that one actually can be get killed by only one punch and the aggressor shouldn't even have to be a Bruce Lee
Ryan, if I ( representing myself) desire to present a self defense case to the jury and the judge determines I have not meet an initial burden of elements ( as you put it), the jury doesn't get to deliberate as to if I was acting in self defense. And given that, essentially, the judge gets to decide if I acted in self defense and not the jury; hence, telling a jury what they can consider is the same as the judge deciding what the verdict ought to be. I hope this clarified my initial statement and thank you for the question.
mrdave2112 yes that clarifies it. First, it is dangerous to represent yourself. There are some examples of people successfully representing themselves, but there are many more examples of it going terribly wrong. Second, as far as the initial burden, yes the law requires that you make the initial showing. If you make the showing then the judge MUST give the instruction so the jury can make the ultimate decision (in MN once you make the showing then the burden shifts to the prosecution to Prove beyond a reasonable doubt that you were not acting in self defense).
Ryan, the burden should never shift ( as you put it) to the prosecution; the burden is suppose to always be on the prosecution and not the defense, yes? In order for the prosecution to prove a crime was committed, it is a logical consequence the prosecution would have to prove beyond a reasonable doubt that the defendant was not acting in self defense even if the defense presents no defense. Do you see now? The judge ought to not have to even make such a ruling of initial burden of elements which would be beyond the scope of his responsibilities which is reserved for the jury composed of the defendant's peers. The jury decides; not the judge ( Constitutionally and theoretically speaking)
mrdave2112 I wish it worked the way you want it to work, but that’s now how it works. Sometimes (for affirmative defenses for example) the initial burden is on the proponent to make the prima facie showing of the defense or proffered evidence, and once that burden or showing is met it shifts back to the other side. That’s just how the law works. But in most situations there isn’t an affirmative defense and in cases without an affirmative defense then the burden always stays with the prosecution.
Me: *Gets hit in a face by a bully.* What schools expect: casually walk to the principle office while not defending my self without the concern I'm getting hit.
If he hits the wrong person in the face, that person might return the punch 3 times over. The victim might sucker punch the aggressor 3 times to eliminate the threat. Many laws are not made in reality. How do you determine in seconds what force is reasonable, when the first thought is eliminate the problem? And how do you corral your adrenaline and temper in those seconds?
Urgh why would the court expect any man to choose to run away if he could if someone hit them first. If someone hits me, the man and pride in me has to hit back. Why would i want to flee? I mean if its a massive guy with a weapon, i would run. But if its a guy like me, im fighting
So, you mean to tell me I can punch a guy, run away, then he chases me for a fight, and it would be self-defense? Or, if I punch a guy then say "Oh, sorry, man. I don't want to fight" and he tries to attack me, then it's self-defense?
No that's not what he is saying. He saying that you have to have a culmination of evidence that you were targeted and affected by an agressor. if you can prove that then you have a better chance of winning in court because evidence of the other parties initiation of the confrontation is a key ingredient in self defense trials.
Are you punching this theoretical individual because they had made a verbal threat, a physical threat or they have made verbal and physical threats in the past? The scenarios vary.
Yeah you could punch someone and step back and say 'sorry nevermind' And the guy you punched can't start punching you but they can still press charges against you for battery, so you got that to look forward to....
Ryan Pacyga good information. What is the ruling on self defense that results in maiming the aggressor after verbal warnings? Such as a take down that immobilizes them? Which one could say accidentally in the moment dislocates or break a body part that either renders them completely immobile but in pain, or death in extreme cases?
Thanks for the compliment, @daltonsbadboy. Beware that if you punch after they say I quit and you no longer fear for your safety, then you could be charged with assault. Also, he or she could also file suit against you. It's kind of like the hockey player that retaliates. The ref sometimes doesn't notice the first penalty, but the retaliator gets in trouble.
I was in the military for 8 years in the UK army and we worked closely with US troops in afghan.. You guys can protect your property, your belongings and family & protect yourselves with much more legal protection than the U.K.. I loved working with U.S troops.. You can work more effectively knowing that if an enemy attacks you or your equipment they are getting it.. While us Brits can only protect a threat to human life and can not engage an enemy which is retreating.. I think it hinders a soldiers ability and makes them quastion.. Undoubtedly reducing their effectiveness
does a punch have to make contact before you can use self defense or can you catch and drop him right where he stands before it makes contact? like if someone is running up to me and is about to throw a punch and i catch it and drop him call the police and file assault charges would this be considered as self defense?
+Shadow316 i call that a "hit or be hit" scenario. I defended a first degree assault case at trial based on exactly what you're talking about. The jury agreed that my client properly acted in self defense when he punched the alleged victim before that victim threw a punch. Every case is unique, but the law in Minnesota does NOT require you to actually be hit or injured before you act in self defense. You have a duty to retreat (unless you're in your own home) if possible, but it's not always possible to retreat.
@@RyanPacyga If the person was aggressively in your victim's face forcing your client to feel that he or she was in danger then the first punch was justified. In my martial arts and boxing training, we were always taught that if someone came up and hit you and fled the scene, unfortunately, you cannot chase the guy down and break his arm. In that case I became the aggressor.
Is it premeditated if a musical hell sings about it because my brother an I get in fights but last time he went and randomly attacked me I also grabbed the brick next to me and smashed his face in? If that still self defense and if a musical hell background make it premeditated or not?
Very Informative, thank you for taking the time to share. I will say, if someone punches me then says I quit, I'ma still get him. I am a Judo/Jiu-Jitsu guy so I probably will make a citizens arrest. I will still charge him with assault and perhaps file a civil suit.
hi I tried to call could not get threw I want to know do I have the right to get a copy of the transcript from the pulmonary hearing an to view the tape
Great video! I have a question for minorities and people who are not able to defense themselves in certain situation(like women vs men). For example, when a man is approaching to a woman, mumbling threatening word, is it legal for this woman to use knife and hurt the man before the man even touch this woman?
How can an someone who starts a fight claim self defense? He initiated the fight by aggressively attacking someone then says I was defending myself from the the person who actually was defending themselves?? That makes no sense
That’s a really good question. In Minnesota, if you START the fight, then you cannot initially claim self defense. HOWEVER, if you start it but then stop, honestly communicate your desire for peace, and try to retreat, but the person you initially attacked now continues to attack you, then you can claim self defense AFTER you have done those things. It’s called “Revival of Aggressor’s Right of Self Defense.” Would you like a particular video about that?
There is a case where a guy punched a guy in the face at a bar after demanding money from the guy he punched. The aggressor walked away. The person who go punched went after the guy and knocked his hat off of his head and began to fight. The aggressor stabbed him to death and is claiming self defense.
I have a question for you, or any one who can answer. For almost 2 months an outdoor cat comes to my front porch or back porch and it's a hissing match between my cats and the outside cat that lives across the street, which is never taken inside, always sitting outside 24/7 I know where this cat lives. I have no idea if thi's cat is chipped or if it's fixed but it's a hissing match at my front porch or my back porch between that cat and my cats on a regular basis, & my 3 cats live inside. the pound will not pick up this cat, or trap it or give me any useful suggestions and the police department told me I'm pretty well on my own as well. but pertaining to the Castle Law and the protection of self and property my question is what do I do about stray cats or someone's cats that comes onto my property that is a threat to my cats, my toddler in the house, and outside in my yard? Its obviously not a friendly cat except possibly to the owners I have no idea. I've never actually seen anybody pet that cat. what is the legal stance of what I do then because the pound is not going to do anything. Animal Control is useless and police department won't do anything, so what is the next step?
If the intruding cat becomes a physical threat to your children, and your only option to stop the threat is to use force against the violent cat, then I believe you’d be justified in defense of another. To be safe and try everything you can first though, I’d suggest documenting it with animal control AND the police department. Ask if they have any other suggestions.
Is walking toward the "threat" who is standing away from you, not on your property, with his hands up and you fire multiple shots at him, self-defence? No, that's murder.
Is it common for a lot of victims who did use self defense get arrested once the police approached? Mine got threatened and attacked outside our home and even before that he always carries a knife, he actually for the first time had to pull it out and told them to walk away and that he’s going inside. They didn’t and wanted to fight him, 7 guys all together decided to jump him and hit him so he used it but side ways In order to get them away and off of him. The aggressor told the police that he had a knife and cut him so my husband was arrested for basically using it bc his life was in harms way. We haven’t gone to court yet and I’m scared to death of what to come, he’s never been arrested.
Hi, I have a question. If you are trying to escape a situation by going into another room and the aggressor ( who has a history of family violence) follows you and enters the room, and hits you with the door and continues to be aggressive towards you. Do you have right to fear being assaulted and justified in using force to repel their advance?
I have a question. If I'm walking at night and a junkie starts chasing me he hasn't hit me but he is clearly intimidating me and chasing me if I shoot him with a gas pistol with PV cartridges (non lethal something like tear gas but way stronger) to repel him would it count as self defense and how would I be able to prove that this happened
Kicking a trash can and making loud yelling ,can prevent an attack, from someone acting like they are going to shoot you with a cell phone gun. A silver shiny one , and prevent any body contact or harm, when someone comes back into a room with a child human shield, it's best to stay behind door's and be prepared to fight, yet again preventing any bodily contact. No harm no foul is best.
got followed by a guy driving over some silly road rage incident, he was older, but he was riding my ass and trapped me at a red light and ran up to my car yelling holding a knife i got out and rang his bell twice and he dropped his knife and i threw it at him and left, is getting out and hitting him pre-emptively illegal? i felt threatened and he was the aggressor
Is it self defense when you defend yourself against someone who has tried to punch you into the head I have experienced this many years now when I'd used to work in retail this one person who is bipolar always would try and tell me what I'd should and shouldn't do finally I got tired of it and defended myself by putting my hands up over my head to keep them from punching me into the head they continue to stalk me they have the police have me and my family under servalance and I'm considering taking them to court and filing a lawsuit
So if someone pushes me to the ground because I was yelling at their girlfriend, I *CAN'T* shoot them in the chest and call it Self Defense? Good to know!
Great video, thank you! Answered all my questions but one. What do you do after you get assulted (like he's really going after you and if you don't fight back you will get really hurt) and you knock them out? Like do you just walk away after that and go about your day or do you have to wait for cops and all that? What do you do if someone is trying to run up and cough on you and they might have COVID 19? Can I verbally tell them I will kick them if the get too close and then kick them if they keep coming at you? Let's also say that the confrontation is recorded from someone's cell phone. Can you defend yourself in that situation? To me that would be considered bio-warfare if someone is trying to cough on you in these crazy times with COVID 19.
Too many questions for one post. I’ll answer the big one: if you get assaulted or are about to be hit, and you strike back in self defense, in most states you don’t have to wait around for police to get there, BUT you may want to consider it. You always have a right to remain silent, but sometimes in investigation can be put to bed immediately if you can show them that you were acting in self-defense right out of the gate. Of course if they don’t believe you then you have just opened up a series of problems for yourself. So there’s no perfect answer.
What happens if I use non lethal or less lethal methods for self defense? How can I avoid ending up like Kyle rittenhouse in jail for 2 months? Please help, with everything going on I'm scared...😭
i feel ppl purposely try to provoke someone to hit them and use self defense as an excuse to say they are innocent and thats just completely wrong especially if they try to bait you into hitting them
To be fair, sure there are probably SOME people who have done that. But I do not believe the majority of people acting in self defense are doing it by some elaborate, calculated setup. Also, it is probably far more common for someone to egg someone on, get hit, and then claim assault and say it came out of nowhere. Either example would be problematic, wouldn’t you agree?
@@RyanPacyga oh yeah most definitely, I implicitly meant to say some ppl not ALL but I'm sure with good lawyers they can find a way to prove the offender not guilty of assualt...also is there such a thing called "Provocation Into Mutual Combat"?
bob dole we don’t have that particular term in Minnesota law, but some states may use that terms. However, in MN we DO have a term called “aggressor’s revival of self defense. I bet it has the same effect as the provocation term you use. What it means is that if someone is the initial aggressor in an assault, they CANNOT claim self defense at first. Rather, they must abandon their assault, communicate their desire for peace, and only if the other person continues on with the mutual combat can the initial aggressor then use self defense. Make sense?
if a group of people approach with an intention of stealing, and i can not run away. is it reasonable to try to suddenly strike and knock out the first or 2 guys so i can assure that they won’t be able to attack me again in the fight? thanks in advance!
Good question. It depends on your state’s self defense laws. But that being said, I wound bet on a jury protecting you in that situation as long as you didn’t go overboard.
sometimes that means people are seeking out a lawyer in advance, like if they have a conceal/carry, and they need a lawyer just in case they ever have to protect themselves. They hope they never have to make the call, but having things lined up ahead of time isn't a bad idea if need be.
What is self-defense laws like in 2022 I don’t believe we could perform the five finger Point punch that makes your heart explode like the movie kill Bill volume two Or like the Bruce Lee 1 inch punch just so you know I don’t know karate but that’s a good way of self-defense
How could it possibly be self-defense if you strike first? By definition, self-defense is "the act of defending one's person when physically attacked, as by countering blows or overcoming an assailant". A belligerent person could be swearing and cussing in your face to high heaven, threatening to inflict bodily harm upon you. But unless they live up to their threat, it's really just an empty threat -- something not worth responding to. Assuming an attack is imminent can be a mistake, can't it?
Good question. Sometimes you are cornered or in a “hit or be hit” situation. I have won trials based on that scenario. In MINNESOTA, you have a duty to retreat if possible. It isn’t always possible. You may be cornered, or you may have a weaker friend or family member that you are not going to abandon. Also, the definition you provide is not the actual law of self defense. If you feel the threat of imminent bodily harm or death, you do not have to wait to be harmed to defend yourself. Keep in mind, however, that your actions in defending yourself must be reasonable. Hope that helps!
Thank you for your informative reply, Mr. Pacyga. Yes, it is helpful. I take it that so long as someone uses an proportionate amount of force when they strike, whether they do so before or after the other party, the courts will rule in favor of an dismissal or acquittal?
Berenger Dietiker not exactly. Remember, first you have the duty to retreat if possible (unless you’re in your home, no duty to retreat in your home). Second, you need to face the threat of imminent bodily harm, although it’s true the law does not absolutely require that you get hit before you can strike back. The court will NOT throw your case out. It takes going to a trial, qualifying for the self defense instruction, and then having a jury or judge determine the prosecution has not proven you did not act in self defense beyond a reasonable doubt.
Sarcastic Squash it certainly could be. It depends on the state’s laws where it occurs. Some states have a duty to retreat if possible, others allow stand your ground. But even with duty to retreat, you can’t always retreat. Sometimes you just react to protect yourself.
trial coming up ex beat me.problem is I have a background with assault.this was not self defense and not his first time.he hit me. Then broke my computer.then drove to the cop station.sat in the parking lot to talk while he recorded me crying.manipulating by putting the windows down.i then drove off and made the statement you make me want to kill myself.he then walks inside to tell them I’m trying to kill myself. I then walk inside and say yes I said that because he is physically and mentally abusive.
What about attempted assault/(sorry if already mentioned, I'm halfway through the video) threats? If I see someone throw a punch at one of my friends & miss, could I defend my friend? If someone threatens me to an extent, could I hit them? (example: "I'll hurt your family" or "I'll kill you and your friends") (I'd probably say no, but only if I feel like they are going to cause legitimate harm)
Can you attack them if you feel threatened ? Does this apply to school because my school says the victim has to sit there and take it or the *VICTIM* is punished the same as the fucking *ATTACKER*
I live in lousiana if someone slaps you can you hit them back and claim self defense. Are there charges when you knock a person unconscious with self defense or somehow they die because of the force to the brain even if only on punch was used
This video was very educational. It’s funny to think of how many steps you have to go through to make sure you’re protected under the law when you’re “defending yourself.”
Some states do not have a duty to retreat, or are "stand your ground" type of states for self defense. But yes, self defense is often misunderstood, and it's worth knowing what is required in your state in the event you ever need to defend yourself (or someone else). Thanks for the comment!
Self defense is stopping you from getting hit again. I'm a fight if you get punched in the face you wait to see the second punch you punch them to stop the attacker from hitting you again and in a fight no one just hits you one time.
My wife stabbed me in the chest with scissors, and punched me in the head. I kind of just reacted. I took her down and got them scissors from her. She told the cops I had been holding her down and that's why she stabbed me. They charged me with family violence by occlusion.
never marry a crazy bitch
"Gender Equality", RIGHT?!!
@@dukenukem7043 thats the worst thing I’ve ever heard “never get married again” like wtf
@@Itaygaming311Xx getting married is the worst thing you can do.
Hold your head up!! 🙏✝️
One day in high school we were supposed to have art class, but a cop came and we had a police class. He was teaching us about: drugs, school safety,crimes, and self defense.
When he was speaking about protecting yourself the cop said: if you attack somebody just because he slapped, pushed, insulted you it's not considered self defense. He told us that if a person starts throwing punches kicks puts you in a hold than we have the right to fight back.
One student asked the officer: How can we let a person slap, shove and offend us for no reason. He replied: It's not worth it, and this is the part when you should call us and we will deal with them. The same student asked another question: What happens if he runs away. He said: Look at his face and remember his face details.
I completely agree what the cop said.
“Call us and we will deal with them” 🧢
So the moral is like this: you have self-defense right only when the aggressor starts killing you LoL
Good info. But no one is going to be thinking through all these legal technicalities when they are engaged in a serious confrontation. So the law is very flawed in this way. Law makers have probably never thought this through because they have never been in a serious engagement. Rational thought processes shut down when one is in fight or flight mode and autonomic, or primitive processes take over. No one is going to be thinking about what is "excessive force", or when I can reengage after starting a fight, or what qualifies as "trying to escape", etc. A lot of these law decisions are about what is reasonable. I think it is reasonable to understand that one engaged in fight or flight is not actually being reasonable, in the right OR in the wrong. Ryan, is any of this taken into account in the court of law?
colonelclump2000 great question! While the jury is instructed on the law and told to apply it when arriving at their decision, you are absolutely correct that primal fight or flight can take over. Whether the jury takes that into account depends on whether the evidence supports a fight or flight scenario. Personally, I have argued it in a case successfully. The jury agreed and found my client not guilty in a serious assault case due to self defense.
Used it in another case for attempted murder as well as "defense of another"
colonelclump2000 Legislators set in air conditioned offices and conceive a model of a perfect society and enact laws based on that model. Their abstract concepts are then deployed in a world of chaos and bedlam by people who are full of jealousy, envy and rivalry.
Cheers for the video content! Apologies for butting in, I am interested in your opinion. Have you tried - Chireetler Dread Free Rule (Have a quick look on google cant remember the place now)? It is a great one of a kind guide for learning self effective defence moves minus the headache. Ive heard some amazing things about it and my mate finally got amazing results with it.
@@RyanPacyga I do have a question, related to the subject.. I am 19 years old, and was previously a senior in highschool until I had to pull out to tend to my mother who has ALS. my stepdad and I have been involved in many altercations in the past 6 years, and I'm trying to find out when to use self defence (and although I am very intelligent, sometimes just a verbal description does not click for me)
Here's the situation:
In the past my stepdad has been physically abusive.. and he is extremely verbally abusive with me and my mother. He has threatened my life several times and I’ve gotten to the point where I just can’t take anymore.. Some would call me selfish and inconsiderate, however every day is a battle just to control myself because if the constant verbal assault. I’ve been held against a wall with his arm against my throat and he’s repeatedly hit me after I had a mental breakdown. In our last altercation he swung at me and threatened me with the reason why he wouldn’t do to me what he wants because he would end up in jail. (He used to be a prison guard, so any attempt to let police know what's going on results in them blowing me off because they know my stepdad personally, no matter what has happened. Last time I tried to leave this situation held me back and the bus driver (who I was hoping would be able to provide me transportation to a friend's house who was on the way to school and on the same route, the bus driver had called the cops and once they arrived I had lied to them about the situation out of fear of my stepdad)
He's gotten in my face and backed me in a corner and repeatedly threatened me and to beat me or "beat the shit outta you".
I cannot defend myself verbally with him without fear of a physical altercation no matter what I do or say.
Today I was tending to my mother and trying to help her clear some food that she accidentally inhaled (she wasn’t choking, but coughing trying to clear the food from her airpipe because it was small) and he offered cough syrup, and I told him it wouldn’t help and he threw the bottle across the room and stormed out. Anytime my mom tries to defend me he starts yelling at her threatening me.
He does nothing thing around the house and expects me to do everything and gets mad when I fall behind. I am expected to cook for the 3 if us (now 4 adults, because my step brother is staying with us temporarily) and take care of my mom at all times, clean, and as stated before cook for 4 adults. It's gotten to the point where I can barely take care of myself because I'm putting my family first and I'm too stressed to take care of myself.
I’ve asked my pastor for advice and he’s told me to push through and his wife is telling me to take on everything, however I just can’t take care of 4 adults all by myself. I am tired, emotionally and physically and mentally. I’ve told my mom the next time we get into an altercation, to call the police even though I have called several times in the past.
I’m tired of the way he treats her and the way I’m being treated. I’ll end up having to act in self defense soon, knowing how my stepdad is and the moment I do I’ll have to get out of this house.. I fear also the chance of being thrown in jail for assault however at this point I am getting desperate to get out of here.
With that being said, in Wich case would I be able to excersize self defence and how could I bring a case in court against him? I want to get my mother out of here too, and she is my only witness other than my bus driver who witnessed my step dad holding me back when I was attempting to leave.
I know I am scrambled somewhat, however I have been dealing with this for 6 years and too stressed to worry about wording and grammar..
It sounds like in Minnesota, if you defend yourself from a criminal, you are guilty until you can prove you are innocent.
There should NEVER be a "qualification" to plead self-defense. It should ALWAYS be up to the jury to decide whether or not the defender acted in self-defense.
It depends on what force you are using and what crime that is happening to you.
If someone punches you, you can't shoot that person
@@pound4pound380 If someone starts a fight can i shoot him with PV cartridges they are basically like pepper spray but shot out of a blank pistol
Why would you shoot someone who punch you? Will you die when you get punch? File charge, you are not the law to put someone to death just because you couldn't take a punch.
@@emmylouhaught8572you are out of reality. get you some knowledge at least from the professionals - lawyers or even martial arts trainers - that one actually can be get killed by only one punch and the aggressor shouldn't even have to be a Bruce Lee
Soulful explanation! Still confused but thanks for the lawful input!
If someone at work is slapping your butt hard and calling you saddam, osama bin laden what can you do lawfully?
Telling a jury what they can consider is the same as the judge deciding what the verdict ought to be.
mrdave2112 tell me what you mean by that
Ryan, if I ( representing myself) desire to present a self defense case to the jury and the judge determines I have not meet an initial burden of elements ( as you put it), the jury doesn't get to deliberate as to if I was acting in self defense. And given that, essentially, the judge gets to decide if I acted in self defense and not the jury; hence, telling a jury what they can consider is the same as the judge deciding what the verdict ought to be. I hope this clarified my initial statement and thank you for the question.
mrdave2112 yes that clarifies it. First, it is dangerous to represent yourself. There are some examples of people successfully representing themselves, but there are many more examples of it going terribly wrong. Second, as far as the initial burden, yes the law requires that you make the initial showing. If you make the showing then the judge MUST give the instruction so the jury can make the ultimate decision (in MN once you make the showing then the burden shifts to the prosecution to
Prove beyond a reasonable doubt that you were not acting in self defense).
Ryan, the burden should never shift ( as you put it) to the prosecution; the burden is suppose to always be on the prosecution and not the defense, yes? In order for the prosecution to prove a crime was committed, it is a logical consequence the prosecution would have to prove beyond a reasonable doubt that the defendant was not acting in self defense even if the defense presents no defense. Do you see now? The judge ought to not have to even make such a ruling of initial burden of elements which would be beyond the scope of his responsibilities which is reserved for the jury composed of the defendant's peers. The jury decides; not the judge ( Constitutionally and theoretically speaking)
mrdave2112 I wish it worked the way you want it to work, but that’s now how it works. Sometimes (for affirmative defenses for example) the initial burden is on the proponent to make the prima facie showing of the defense or proffered evidence, and once that burden or showing is met it shifts back to the other side. That’s just how the law works. But in most situations there isn’t an affirmative defense and in cases without an affirmative defense then the burden always stays with the prosecution.
Me: *Gets hit in a face by a bully.*
What schools expect: casually walk to the principle office while not defending my self without the concern I'm getting hit.
If he hits the wrong person in the face, that person might return the punch 3 times over. The victim might sucker punch the aggressor 3 times to eliminate the threat. Many laws are not made in reality. How do you determine in seconds what force is reasonable, when the first thought is eliminate the problem? And how do you corral your adrenaline and temper in those seconds?
Urgh why would the court expect any man to choose to run away if he could if someone hit them first. If someone hits me, the man and pride in me has to hit back. Why would i want to flee? I mean if its a massive guy with a weapon, i would run. But if its a guy like me, im fighting
So, you mean to tell me I can punch a guy, run away, then he chases me for a fight, and it would be self-defense?
Or, if I punch a guy then say "Oh, sorry, man. I don't want to fight" and he tries to attack me, then it's self-defense?
Why u punch him if u don't wanna fight
No that's not what he is saying. He saying that you have to have a culmination of evidence that you were targeted and affected by an agressor. if you can prove that then you have a better chance of winning in court because evidence of the other parties initiation of the confrontation is a key ingredient in self defense trials.
Are you punching this theoretical individual because they had made a verbal threat, a physical threat or they have made verbal and physical threats in the past?
The scenarios vary.
Yeah you could punch someone and step back and say 'sorry nevermind'
And the guy you punched can't start punching you but they can still press charges against you for battery, so you got that to look forward to....
What? No lmao. Common sense applies in reality lol
Ryan Pacyga good information. What is the ruling on self defense that results in maiming the aggressor after verbal warnings? Such as a take down that immobilizes them? Which one could say accidentally in the moment dislocates or break a body part that either renders them completely immobile but in pain, or death in extreme cases?
Thanks for the compliment, @daltonsbadboy. Beware that if you punch after they say I quit and you no longer fear for your safety, then you could be charged with assault. Also, he or she could also file suit against you. It's kind of like the hockey player that retaliates. The ref sometimes doesn't notice the first penalty, but the retaliator gets in trouble.
So i can't ground and pound him like the UFC?
So before you can say you defended yourself a court makes that decision for you.. Wow
I was in the military for 8 years in the UK army and we worked closely with US troops in afghan.. You guys can protect your property, your belongings and family & protect yourselves with much more legal protection than the U.K.. I loved working with U.S troops.. You can work more effectively knowing that if an enemy attacks you or your equipment they are getting it.. While us Brits can only protect a threat to human life and can not engage an enemy which is retreating.. I think it hinders a soldiers ability and makes them quastion.. Undoubtedly reducing their effectiveness
does a punch have to make contact before you can use self defense or can you catch and drop him right where he stands before it makes contact? like if someone is running up to me and is about to throw a punch and i catch it and drop him call the police and file assault charges would this be considered as self defense?
+Shadow316 i call that a "hit or be hit" scenario. I defended a first degree assault case at trial based on exactly what you're talking about. The jury agreed that my client properly acted in self defense when he punched the alleged victim before that victim threw a punch. Every case is unique, but the law in Minnesota does NOT require you to actually be hit or injured before you act in self defense. You have a duty to retreat (unless you're in your own home) if possible, but it's not always possible to retreat.
@@RyanPacyga If the person was aggressively in your victim's face forcing your client to feel that he or she was in danger then the first punch was justified. In my martial arts and boxing training, we were always taught that if someone came up and hit you and fled the scene, unfortunately, you cannot chase the guy down and break his arm. In that case I became the aggressor.
Is it premeditated if a musical hell sings about it because my brother an I get in fights but last time he went and randomly attacked me I also grabbed the brick next to me and smashed his face in? If that still self defense and if a musical hell background make it premeditated or not?
What If there is no witness?
Without the right to kill in self defense, you have no rights!
Very Informative, thank you for taking the time to share. I will say, if someone punches me then says I quit, I'ma still get him. I am a Judo/Jiu-Jitsu guy so I probably will make a citizens arrest. I will still charge him with assault and perhaps file a civil suit.
hi I tried to call could not get threw I want to know do I have the right to get a copy of the transcript from the pulmonary hearing an to view the tape
Alika McCoy absolutely you can order a transcript of the preliminary hearing.
Bottom line...... You are going to jail and after you have spent a fortune! for legal expenses.
Great video! I have a question for minorities and people who are not able to defense themselves in certain situation(like women vs men). For example, when a man is approaching to a woman, mumbling threatening word, is it legal for this woman to use knife and hurt the man before the man even touch this woman?
How can an someone who starts a fight claim self defense? He initiated the fight by aggressively attacking someone then says I was defending myself from the the person who actually was defending themselves?? That makes no sense
That’s a really good question. In Minnesota, if you START the fight, then you cannot initially claim self defense. HOWEVER, if you start it but then stop, honestly communicate your desire for peace, and try to retreat, but the person you initially attacked now continues to attack you, then you can claim self defense AFTER you have done those things. It’s called “Revival of Aggressor’s Right of Self Defense.” Would you like a particular video about that?
There is a case where a guy punched a guy in the face at a bar after demanding money from the guy he punched. The aggressor walked away. The person who go punched went after the guy and knocked his hat off of his head and began to fight. The aggressor stabbed him to death and is claiming self defense.
@@RyanPacyga yes Ryan thank you
I have a question for you, or any one who can answer.
For almost 2 months an outdoor cat comes to my front porch or back porch and it's a hissing match between my cats and the outside cat that lives across the street, which is never taken inside, always sitting outside 24/7
I know where this cat lives. I have no idea if thi's cat is chipped or if it's fixed but it's a hissing match at my front porch or my back porch between that cat and my cats on a regular basis, & my 3 cats live inside.
the pound will not pick up this cat, or trap it or give me any useful suggestions and the police department told me I'm pretty well on my own as well.
but pertaining to the Castle Law and the protection of self and property my question is what do I do about stray cats or someone's cats that comes onto my property that is a threat to my cats, my toddler in the house, and outside in my yard?
Its obviously not a friendly cat except possibly to the owners I have no idea. I've never actually seen anybody pet that cat.
what is the legal stance of what I do then because the pound is not going to do anything. Animal Control is useless and police department won't do anything, so what is the next step?
If the intruding cat becomes a physical threat to your children, and your only option to stop the threat is to use force against the violent cat, then I believe you’d be justified in defense of another. To be safe and try everything you can first though, I’d suggest documenting it with animal control AND the police department. Ask if they have any other suggestions.
Is walking toward the "threat" who is standing away from you, not on your property, with his hands up and you fire multiple shots at him, self-defence? No, that's murder.
Imma show this to my teacher 😊
What if you're the initial aggressor if they are trespassing and threatening verbally?
If you walk away and they follow you and keep getting in your face with threats of violence can i defend myself?
Is it common for a lot of victims who did use self defense get arrested once the police approached? Mine got threatened and attacked outside our home and even before that he always carries a knife, he actually for the first time had to pull it out and told them to walk away and that he’s going inside. They didn’t and wanted to fight him, 7 guys all together decided to jump him and hit him so he used it but side ways In order to get them away and off of him. The aggressor told the police that he had a knife and cut him so my husband was arrested for basically using it bc his life was in harms way. We haven’t gone to court yet and I’m scared to death of what to come, he’s never been arrested.
What about if you been in prison for 15. Year
is it self defense if a person verbally threathen to slap u then touch your nose and you punch them does that qualify for self defense.
Hi, I have a question. If you are trying to escape a situation by going into another room and the aggressor ( who has a history of family violence) follows you and enters the room, and hits you with the door and continues to be aggressive towards you. Do you have right to fear being assaulted and justified in using force to repel their advance?
Problems with absence of a witness???
Someone bullies me at school if he punches me am i allowed to fight back or will that get me suspended
Like when you are being assaulted your mind will think reasonably.
fight back / don't attack
I have a question. If I'm walking at night and a junkie starts chasing me he hasn't hit me but he is clearly intimidating me and chasing me if I shoot him with a gas pistol with PV cartridges (non lethal something like tear gas but way stronger) to repel him would it count as self defense and how would I be able to prove that this happened
Kicking a trash can and making loud yelling ,can prevent an attack, from someone acting like they are going to shoot you with a cell phone gun. A silver shiny one , and prevent any body contact or harm, when someone comes back into a room with a child human shield, it's best to stay behind door's and be prepared to fight, yet again preventing any bodily contact. No harm no foul is best.
got followed by a guy driving over some silly road rage incident, he was older, but he was riding my ass and trapped me at a red light and ran up to my car yelling holding a knife i got out and rang his bell twice and he dropped his knife and i threw it at him and left, is getting out and hitting him pre-emptively illegal? i felt threatened and he was the aggressor
Subbed
Is it self defense when you defend yourself against someone who has tried to punch you into the head I have experienced this many years now when I'd used to work in retail this one person who is bipolar always would try and tell me what I'd should and shouldn't do finally I got tired of it and defended myself by putting my hands up over my head to keep them from punching me into the head they continue to stalk me they have the police have me and my family under servalance and I'm considering taking them to court and filing a lawsuit
Wow it's like this guy was sitting in the courtroom for Kyle rittenhouse 10 years before it happened
So if someone pushes me to the ground because I was yelling at their girlfriend, I *CAN'T* shoot them in the chest and call it Self Defense? Good to know!
Because he's tried to kill me because with knifes and stuff but he gets everything handed to him
Who's here after Rittenhouse case?
Great video, thank you! Answered all my questions but one.
What do you do after you get assulted (like he's really going after you and if you don't fight back you will get really hurt) and you knock them out? Like do you just walk away after that and go about your day or do you have to wait for cops and all that?
What do you do if someone is trying to run up and cough on you and they might have COVID 19? Can I verbally tell them I will kick them if the get too close and then kick them if they keep coming at you? Let's also say that the confrontation is recorded from someone's cell phone. Can you defend yourself in that situation? To me that would be considered bio-warfare if someone is trying to cough on you in these crazy times with COVID 19.
Too many questions for one post. I’ll answer the big one: if you get assaulted or are about to be hit, and you strike back in self defense, in most states you don’t have to wait around for police to get there, BUT you may want to consider it. You always have a right to remain silent, but sometimes in investigation can be put to bed immediately if you can show them that you were acting in self-defense right out of the gate. Of course if they don’t believe you then you have just opened up a series of problems for yourself. So there’s no perfect answer.
@@RyanPacyga Thanks for the reply!
What happens if I use non lethal or less lethal methods for self defense? How can I avoid ending up like Kyle rittenhouse in jail for 2 months? Please help, with everything going on I'm scared...😭
i feel ppl purposely try to provoke someone to hit them and use self defense as an excuse to say they are innocent and thats just completely wrong especially if they try to bait you into hitting them
To be fair, sure there are probably SOME people who have done that. But I do not believe the majority of people acting in self defense are doing it by some elaborate, calculated setup. Also, it is probably far more common for someone to egg someone on, get hit, and then claim assault and say it came out of nowhere. Either example would be problematic, wouldn’t you agree?
@@RyanPacyga oh yeah most definitely, I implicitly meant to say some ppl not ALL but I'm sure with good lawyers they can find a way to prove the offender not guilty of assualt...also is there such a thing called "Provocation Into Mutual Combat"?
bob dole we don’t have that particular term in Minnesota law, but some states may use that terms. However, in MN we DO have a term called “aggressor’s revival of self defense. I bet it has the same effect as the provocation term you use. What it means is that if someone is the initial aggressor in an assault, they CANNOT claim self defense at first. Rather, they must abandon their assault, communicate their desire for peace, and only if the other person continues on with the mutual combat can the initial aggressor then use self defense. Make sense?
defence the property : car, for example.
if a group of people approach with an intention of stealing, and i can not run away. is it reasonable to try to suddenly strike and knock out the first or 2 guys so i can assure that they won’t be able to attack me again in the fight? thanks in advance!
Good question. It depends on your state’s self defense laws. But that being said, I wound bet on a jury protecting you in that situation as long as you didn’t go overboard.
@@RyanPacyga thanks!
Can anyone inform me on what a “Self defense lawyer” purpose is for?
sometimes that means people are seeking out a lawyer in advance, like if they have a conceal/carry, and they need a lawyer just in case they ever have to protect themselves. They hope they never have to make the call, but having things lined up ahead of time isn't a bad idea if need be.
@@RyanPacyga thank you 🙏
@syudell84 what help?
What is self-defense laws like in 2022 I don’t believe we could perform the five finger Point punch that makes your heart explode like the movie kill Bill volume two Or like the Bruce Lee 1 inch punch just so you know I don’t know karate but that’s a good way of self-defense
How could it possibly be self-defense if you strike first? By definition, self-defense is "the act of defending one's person when physically attacked, as by countering blows or overcoming an assailant". A belligerent person could be swearing and cussing in your face to high heaven, threatening to inflict bodily harm upon you. But unless they live up to their threat, it's really just an empty threat -- something not worth responding to. Assuming an attack is imminent can be a mistake, can't it?
Good question. Sometimes you are cornered or in a “hit or be hit” situation. I have won trials based on that scenario. In MINNESOTA, you have a duty to retreat if possible. It isn’t always possible. You may be cornered, or you may have a weaker friend or family member that you are not going to abandon. Also, the definition you provide is not the actual law of self defense. If you feel the threat of imminent bodily harm or death, you do not have to wait to be harmed to defend yourself. Keep in mind, however, that your actions in defending yourself must be reasonable. Hope that helps!
Thank you for your informative reply, Mr. Pacyga. Yes, it is helpful. I take it that so long as someone uses an proportionate amount of force when they strike, whether they do so before or after the other party, the courts will rule in favor of an dismissal or acquittal?
Berenger Dietiker not exactly. Remember, first you have the duty to retreat if possible (unless you’re in your home, no duty to retreat in your home). Second, you need to face the threat of imminent bodily harm, although it’s true the law does not absolutely require that you get hit before you can strike back. The court will NOT throw your case out. It takes going to a trial, qualifying for the self defense instruction, and then having a jury or judge determine the prosecution has not proven you did not act in self defense beyond a reasonable doubt.
It feels like these days defense = bend over until police comes. If you so much as tickle the aggressor then you will get arrested.
What so is it self defense if someone is running at me to attack and I kick him in the stomach
Sarcastic Squash it certainly could be. It depends on the state’s laws where it occurs. Some states have a duty to retreat if possible, others allow stand your ground. But even with duty to retreat, you can’t always retreat. Sometimes you just react to protect yourself.
trial coming up ex beat me.problem is I have a background with assault.this was not self defense and not his first time.he hit me. Then broke my computer.then drove to the cop station.sat in the parking lot to talk while he recorded me crying.manipulating by putting the windows down.i then drove off and made the statement you make me want to kill myself.he then walks inside to tell them I’m trying to kill myself. I then walk inside and say yes I said that because he is physically and mentally abusive.
What about attempted assault/(sorry if already mentioned, I'm halfway through the video) threats? If I see someone throw a punch at one of my friends & miss, could I defend my friend? If someone threatens me to an extent, could I hit them? (example: "I'll hurt your family" or "I'll kill you and your friends") (I'd probably say no, but only if I feel like they are going to cause legitimate harm)
Can you attack them if you feel threatened ? Does this apply to school because my school says the victim has to sit there and take it or the *VICTIM* is punished the same as the fucking *ATTACKER*
That red paint on your wall makes your face look 🍊
What about Australia where people are threatening to kill and they have been charged for murder in there own home .so what are u on about
Ulfn app
I live in lousiana if someone slaps you can you hit them back and claim self defense. Are there charges when you knock a person unconscious with self defense or somehow they die because of the force to the brain even if only on punch was used
👍🏼
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