Self Defense and the Law Myths

Everyone thinks they know what you can legally do when defending yourself and for the vast majority of these people I will like to tell you, you don't have a CLUE about what you're talking about.
There's a saying, if you want to know about the law you don't ask a cop, you don't ask your neighbor, you ask a lawyer. Especially one who is specializes in use of force laws.

So that's what I did.

My long time friend, attorney and owner of Sheep Dog Academy is one of the most sought after EXPERTS in this field. I'm going to take his word for it because he puts food on his table defending those who use force to protect us and themselves. While laws vary state to state, if it's legal in the "Republic of New Jersey" it's probably legal where you live.

After over twenty five years in learning, teaching and using force to protect myself, and the people around me (both professionally and personally) not one seminar, blog or post goes by where I don't hear the same old myths about self defense. These myths are repeated so much that they began to be believed as fact (Napoleon Bonaparte was actually 5' 6 1/2" making him tall for the times, which may have given him a complex...)

Myth 1: You have to wait for some one to throw the first punch. 
FALSE. If someone looks like they are capable, have means and have demonstrated an intent to do you bodily harm, you can defend your self, others and your property. They don;t have to say "I'm going to kill you!!" Any act of aggression can justify your use of force. 

Myth 2: If your attacker is unarmed, you must fight him unarmed. 
FALSE. You can defend yourself by any means necessary. You can use mechanical (force: clubs, batons) and even deadly force (firearms). Edged weapons would fall in between  mechanical and deadly force. The more meaningful the threat, the more force you can use. If you're faced with a strong, determined and capable attacker. You can use deadly force to protect yourself. 

Myth 3: Unless you're attacked, you can't defend yourself. 
FALSE. You have a right and a moral obligation to help those who are in harms way. 

Myth 4: You need to wait for an attack to defend yourself. 
FALSE. Similar to Myth 1, Myth 4 is more along the lines of if there have been repeated incidence or a history of threats you do not have to wait to be attacked. For example, if you got into a FACE BOOK argument with someone who threatened you repeatedly.  

Better example, a man goes into a showing of "Dark Man Rises" shortly after the Colorado shooting and says to a person in the front row of the theater " Right now!, Right Fucking Now!"

The police officer is quoted correctly saying that this cold have been a justifiable homicide in light of what happened in Colorado. Keep in mind, the man did not brandish a weapon, all he did was walk up and down the rows and say "Right Now!"

Myth  5: I will get arrested if I carry a concealed weapon like a knife. 
Unless a weapon is strictly prohibited in your state (like pepper spray) you can lawfully carry weapons to defend yourself. Club, sticks, edged weapons and other similar items as covered in SDTS Modules 8, 9 and 11 can be legally carried and used in self defense. 
Even the length of the knife blade or the type of knife is usually NOT restricted by law.  For years we thought the legal length was 4". But then I asked the right lawyer and there is not length restriction in NJ.
If you are operating with in the law, you can carry personal weapons for self defense.  

Use of force depends on the type of threat. There are four types of threats. 
1. Passive Compliant. This is the person who will follow instruction and do what you ask. 
2. Passive Resistor. This person will comply with instructions but under verbal protest. 
4. Active Resistor. This person will not comply or be aggressive. A great example of this is someone who chains them self to a tree to avoid it being cut down. While they are not posing any immediate threat, they are actively resisting the order to let go of the tree. 
5. Active aggressor. This is the person who is capable has intention by words or actions, to cause harm to others and property. Note, they do not have to be actively attacking. They could simply be making a statement or moving towards you. They could be holding a weapon or have a known history of violence or threats against you or others. For example, if you have a "Facebook" war of words with somebody who has threatened to cause you or your family or even your property harm and then you see him coming down your driveway, you would be justified in using force to protect your self. 

When can you use force?
When ever your life, the lives of others or even your property is in jeopardy. 
Outside your home we have something called the Deadly Force Diamond which consists of four elements. Weapon, opportunity, subject's actions and duty to retreat. This is similar to the police requirements except police do not have a duty to retreat.The ONLY place you do not have a duty to retreat is in the living area of your own home. 

Duty to Retreat
You have to retreat when you are able. This does not mean turn your back on someone who is visibly angry. If you're in close proximity to someone who is able to use physical force on you, you are allowed to defend yourself. You do not need to wait for the proverbial first punch. If they are a credible threat capable, displaying aggression or you have reason to believe that this person is there to cause you harm, you can protect yourself. 

Credible Threat

Getting yelled at by wheelchair bound Steven Hawkins is a far cry different that getting into an argument with Dwayne the Rock Johnson. Steven may say he wants to kill you, but he might not be capable. On the other hand the Rock looks completely capable and I would even go as far to say that you might be justified in using deadly force. 

Now if Steven Hawkins had a firearm, different story. He is now capable of using deadly force. 

Your duty to retreat doesn't apply to others. If you see others in danger you are legally justified to use force to protect them. I know this is viewed as "taking the law into your own hands" and it's complete an utter bullshit. You are empowered to help others, period. In fact the good cops that I know are more than happy to accept a citizens help when lives are in danger. To be honest, it's your civic duty to help whenever you can.

I know people think of the Trevon Martin case where George Zimmerman shot and killed Martin while on a neighborhood watch. We'll know the details of that as the case unfolds, but that's one instance out of thousands where citizens stepped up and did their duty, like the 2011 Tuscon, Arizona mass shooting, or Vic Stacy who helped a cop by shooting and killing the assailants.

In your home it's a different story. When we say the "home" we mean the living area. Coming home to find an intruder in your home, you are still required to retreat. You will have a tough time explaining to the judge why you didn't exit your home when you found it disturbed. Otherwise, when you're in your home your rights to protect yourself are increased. Now you have the right to use any amount of force (including deadly) at an active aggressor. 

How much force can you use? 

This depends on the threat. 
If someone has demonstrated a past history of violence and has made threats to you in the past use of force is justified. If someone looks like they can cause you harm and is threatening you by words or actions you may use force. 
In the SDTS Module 1 we cover this specifically. If you are approached you try to establish distance. If you can not, it's time to escape or attack if you can not. After you establish distance and indicate that you do not want to be approached, ANY MOTION TOWARDS YOU is an act of aggression and you're within your rights to do what ever is necessary. 

You stop whenever the threat is gone or stopped. That means knocking someone out is OK. "Curb Mouthing" them might be too far. Shooting someone until they fall down is OK, putting two more in them "Gangsta" style is not. 


There are 6 primary levels of use of force. 

1. Constructive Force
This is when you give a command like "Get off my lawn". You can use constructive force with or without a weapon (even a firearm). "Get off my lawn or I'll shoot" or "Leave her alone or I'll shoot" are still constructive force. An instruction with clear cause and effect. 
2. Physical Contact 
Sternly, but gently taking someone by the arm to move them. Guiding their head into the police cruiser. Things that reinforce your commands without causing physical injury or shock to the body. 
3. Control Techniques
Methods of controlling or restraining the subject by holding or pinning them down. 
4. Physical force or "Active Resistance Tactics" like striking. 
5. Mechanical Force
Clubs, ASP, Pepper Spray, Tasers and other items that increase your effectiveness yet enable you to maintain control over the lethality.
6. Deadly Force
Firearms and Edged Weapons whose effectiveness can not be controlled. 

One of the things we advocate in the SDTS Combatives Program is the carry and concealment of edged weapons. The system of concealment is detailed in Module 9.  The way they are concealed on your person ensures that you will only use them when you are in a life or death struggle. 

The 110 pound woman vs. the 220 pound man.
This is every woman's worst nightmare. In martial arts we used to teach dozens of ways to get a larger attacker off of you and to be honest, they all do not work. What's worse is that people teach these methods in work shops and seminars all over the world. The women go out with a false sense of confidence and the instructors walk away thinking they did a good deed, both banking on the chances that it will never happen. 

This was never good enough for me. At the risk of "giving something away". Even if the woman pinned on the ground was a world champion in Brazilian Jujutsu, she is NOT going to be able to extract herself from someone who is twice her size, in the real world where the guy on top is trying to beat and rape her and NOT playing the dojo game of waiting for her to do the correct move and then "going with it". 

In the real world she is going to be beaten, thrown on the ground and have all of his weight bearing on her. She is going to be scared, angry and maybe even a little drunk. 

This is the world we live in, NOT the world we want. 

In SDTS Module 3 we teach you how to:
1. Stop getting hit.
2. Focus on attacking the eyes and the genitals 
3. Exploiting these to enable you to improve your position and escape. 

This is tough to do. It sounds simple and technically it is, but against the 220 pound rapist, it's hard. But it does get easier...

Because in SDTS Module 9 we show you how to conceal and carry edged weapons around your body so that if you are put in a position like this you can access them and deploy them. 
Now:
1. Every strike is a cut that starts the clock ticking on him. The more you cut him, the faster that clock starts ticking. 
2. He may not realize he's been stabbed and trust me, this isn't the movies, he's still going to attack so you need the skills you learned in Module 3 in order to survive and escape. 
3. He will not "take the weapon away from you" unless you hand it to him. The weapons we chose ensure a good grip. The way you will train ensures that it will NOT fall out of your hand. 

Is the 110 pound housewife justified? You bet your bottom dollar! Being pinned on the ground constitutes use of deadly force and there is not a court in the land that will convict you. 



Common sense prevails. 
It's simple,  if someone looks like they're going to hurt you, your property or others you can use force to stop the situation. You can use the amount of force needed to stop the threat. Once the threat has stopped, you stop. 


This does not mean you get a free pass to use force. You will have to defend your actions in court where words like "reasonable" and "credible threat" are determined. Whether you insist on sticking to Hollywood bullshit dogma of waiting for him to shoot first, you still have to get the same lawyer and go in front of the same judge. Let's put it this way your percentages of surviving by waiting for the other guy to throw the first punch, or take the first shot are infinitely lower than your percentages of an acquittal if you take the first shot.

The choice is really yours "Judge by 12 or Carried by 6".