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Determining if You are in Imminent Danger of Being Assaulted

Below are a set of questions that you should be prepared to answer for any situation in which you physically defend yourself from an assault. If you can answer “yes” to all these questions, and be able justify these answers, you will be in a better position in which to defend yourself legally if the case ever goes to court:

Did the assailant have or appear to have the ability to physically assault you in the way you perceived?

Did the assailant demonstrate intent? Did his or her words, actions or body language lead you to believe the assailant had the intent of attacking you?

Did the assailant have the means to attack you?

Assailant Factors

In addition to being able to prove that you were in imminent danger of being assaulted when you defended yourself using physical force, the courts are likely to examine additional factors surrounding the assailant when determining the appropriateness of the level of force used. These may include the following: