What Are the Differences Between Self-Defense & Deadly Force?

The line between self-defense and deadly force is sometimes blurred. When a person is attacked and all nonlethal techniques to diffuse the situation --- verbal commands, controls with pins and joint locks, and striking the opponent --- have been exhausted, deadly force may be necessary. The use of deadly force doesn't always end in the attacker's death; but it indicates a more rigorous level of self-defense that should not be employed in every scenario.

  1. Legal Definitions

    • The laws on self-defense vary from state to state. Most of the differences are small, but not understanding your state's regulations might land you in jail. If you are a martial artist or if you carry a concealed weapon, it's doubly important that you know exactly how your state defines deadly force.

      Self-defense basically makes hurting someone legal --- but only if it is necessary to protect the victim from a physical attack. If you just walk up to someone and hit him, even if he's verbally provoking you, you may get arrested. However, if someone is attacking you and you strike back, this is an act of self-defense because the aggressor is at fault in these situations. The aggressor is not always the person who strikes first. If someone runs at you threatening your life and you strike first to avoid being attacked, you can claim that this is an act of self-defense. Note that if the aggressor walks away or disengages the attack, in most cases, he is no longer considered to be a threat. Therefore, if you continue to attack you become the aggressor. You can't claim self-defense if you are ever the aggressor during the attack.

    Verbal Commands

    • Verbal commands are the first stage of active self-defense. For example, someone is too close to you and making you uncomfortable --- if you respond in some way by telling him to back off you are using an important but mild form of self-defense. If someone attacks you in any way and you yell, this is also a form of self-defense. Verbal commands --- "No! Stop! Leave me alone!" --- make everyone in hearing distance aware that someone is in danger. It also lets them know who the attacker is and who the victim is.

    Controls

    • Controls are holds and joint locks. They are used if verbal commands fail. At this point the victim doesn't want to use deadly force because it is not necessary. Most controls and joint locks are not considered deadly force, as they are designed to pin down the aggressor or cause him enough pain to immobilize him; they may break bones or damage tendons or cartilage, but they will not kill the attacker. The exceptions are choke holds that cut off air or blood supply to the brain. Although skilled martial artists can use these types of controls with nonlethal force, chokes can be deadly or cause brain damage if improperly applied; if that happens, the victim may face legal ramifications of her actions.

    Striking Back

    • Most martial arts include a wide range of nonlethal strikes, including punches, slaps (very effective to the groin), kicks, elbows, knees and headbutts. This is all about putting the attacker in enough pain so that he cannot continue the attack or pursue you once you've escaped. At this level the attacker will probably end up with a broken bone or maybe even be knocked out, but the victim will not use any technique that is designed to end the attacker's life, or continue to hit the attacker once he is immobilized. Additionally, the use of some nonlethal weapons like pepper spray or a taser would be considered self-defense, although you should certainly familiarize yourself with your state's laws regarding weaponry.

    Deadly Force

    • The last resort in self-defense is using deadly force. No one wants to get to this level, but it happens. When the victim has no other way out of the attack and believes her life is in imminent danger she has to use deadly force in order to survive. Deadly force is striking vital parts of the body such as the throat (breaking the windpipe), face (gouging out the eyes), and chest (breaking ribs and damaging internal organs). The victim may also use weapons, including anything in the surrounding area that can be used for defense. Using a stick, a knife or a gun would be considered deadly force if the attacker ends up with severe injuries or dead. For example, if you use a gun in self-defense a shot to the knee might be acceptable; however, a shot to the head will probably be considered deadly force. The main difference between self-defense and deadly force is that deadly force is the absolute last option for the victim. There are many levels to self-defense, not just killing the attacker.