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However, even if the guy who was arrested was not the aggressor his response has to be "reasonable" in that he must have a reasonable belief the force he displays is necessary to protect himself from some imminent violence. Moreover, and this is critical, whatever force he uses must be proportionate to the force used against him.
This is only partially correct. The use of force in response must be proportionate to the threat against him, not the initial use of force.
Of course we don't know any details at this point, but as an example.
If the attacker and the victim are both 6' 190# and the attacker pushes the victim and turns to walk away, it would not be proportionate for the victim to go punch that attacker in the face.
If the attacker is 6'4" 250# and the victim is 5'10" and 175# and the attacker pushes the victim and keeps coming at him, punching the attacker in the face is certainly proportionate to the threat.
Edited 1 time(s). Last edit at 02/05/2022 05:36AM by CeeZar.
