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lindagray

Defense of others & Legal Defense for Self-Defense Claim

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Defense of others
The rules are the same when force is used to protect another from danger. Generally, the defendant must have a reasonable belief that the third party is in a position where they have the right of self-defense. For example, a person who unknowingly chances upon two actors practicing a fight would be able to defend their restraint of the one that appeared to be the aggressor. However, in many jurisdictions a person who causes injury in defense of another may be liable to criminal and civil charges if such defence turned out to be unnecessary.

Defense of others is called pikuach nefesh in Jewish law. One must violate most negative commandments of the Torah in order to save someone's life.

Legal Defense for Self-Defense Claim
When trying to claim a self-defense case it will all depend on the threat. Was it a verbal threat to where the person felt threatened. To where he or she felt like they needed to defend themselves. It will also depend on if the threat was imminent or not. Was the threat about to happen, was the person's life really in danger. Did he or she provoke the person for the attack to happen. When the person attacked the person, did his or hers self-defense match the threat. Was it an overkill to where the person ended up dead. To where you didn't need to put that much force towards a person. Was it a 'castle doctrine' defense. Did they intentionally break in your home and try to harm you or your family to where he or she had to defend themselves or others using deadly force. To claim self-defense one of these things must have happened.

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