Defense scenario. legal or not legal?

[Erick46590]

Me and a guy at work were on the topic of guns, and he started mentioning things related to the law. Now I've looked up different laws plenty of times and I generally know what I can and can't do. He mentioned something about someone coming onto your property and trying to attack you with a knife. If that was me, the answer would be simple: draw my gun, if he doesnt stop.. shoot. He said that would be illegal. As far as I know it would be completely legal (I live in Indiana) but he said that it is illegal because it would be an "disproportional response". He said if someone attacks you with a knife, you may only draw a knife. He claims to have studied criminal justice for the year he was in college (also claims to have been kicked out, banned for 5 years or something). I don't exactly have 100% faith in this guy but I'm just wondering if there is ANY truth in anything he said. Also, I mentioned that once the attacker flees, and he is not longer a direct threat, you cannot shoot them in the back or anything and he said "only in texas"

[DefensiveCarry.com]

[SIXTO]

Your friend has his head stuck up his backside. It is not a "disproportionate response" in the least, even if it was, you can take it to the next level in any use of force continuum that I've ever seen.... and Joe Citizen typically is not bound by that anyway.

He is right about not shooting as the attacker flees, but, if a reasonable person would fear that another person is in immediate danger from the fleeing attacker, you might be justified in shooting.

[buckeye .45]

A knife is lethal force, and you respond with lethal force. How is that disproportionate?

[Sarisataka]

For your state:

IC 35-41-3-2
Use of force to protect person or property
Sec. 2. (a) A person is justified in using reasonable force against another person to protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force. However, a person:
(1) is justified in using deadly force; and
(2) does not have a duty to retreat;
if the person reasonably believes that that force is necessary to prevent serious bodily injury to the person or a third person or the commission of a forcible felony. No person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting the person or a third person by reasonable means necessary.


My amateur lawyer kit says you can go for your gun

[Erick46590]

A knife is lethal force, and you respond with lethal force. How is that disproportionate?

that is EXACTLY what I told him. I said something along the lines of "if his goal is to kill me, it doesn't matter if I use a gun or a knife. They'll basically do the same thing"

[jamesmrj]

As to the knife attack, a knife is a deadly weapon therefore lethal force is justified, unless Indiana has a duty to retreat. As for back shooting in Texas, there are some instances where it might be legal, though it would generally be ill advised.

[Erick46590]

For your state:

IC 35-41-3-2
Use of force to protect person or property
Sec. 2. (a) A person is justified in using reasonable force against another person to protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force. However, a person:
(1) is justified in using deadly force; and
(2) does not have a duty to retreat;
if the person reasonably believes that that force is necessary to prevent serious bodily injury to the person or a third person or the commission of a forcible felony. No person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting the person or a third person by reasonable means necessary.


My amateur lawyer kit says you can go for your gun

Yup. That's what I thought. I really didn't have any doubt, just wanted to double check is all. I've read through that enough times to know for sure. I like getting 2nd opinions. sometimes even 3rd, 4th, etc. Never hurts to ask again.

--and thanks btw.

[Erick46590]

As to the knife attack, a knife is a deadly weapon therefore lethal force is justified, unless Indiana has a duty to retreat. As for back shooting in Texas, there are some instances where it might be legal, though it would generally be ill advised.

Yea, my goal would never be to kill anyone, even if that is there goal. As long as I can stop the threat, I've done my part. Now if that is the only answer to the problem, then so be it. But I dont WANT to kill anyone, so i wouldn't have to worry about that anyways.

[markx]

You would actually be able to use your weapon BECAUSE of disparity of force.

Basically disparity of force says you can draw your weapon if the aggressor has an unfair advantage. That is he is much stronger, or better armed.

By illustrations of extreme: if an 90 year old 4' 8" lady with a baseball bat comes at a 6' 4" 250 lbs 20 year old man, the man could not claim that she was really a threat. However if that same man came at the lady with his bare hands, she could easily claim that he was a threat.

The question is not what weapons are involved, but does the aggressor have the means and desire to inflict death or great bodily harm at that moment.

Sent from my DROID2 using Tapatalk

[Sarisataka]

Yup. That's what I thought. I really didn't have any doubt, just wanted to double check is all. I've read through that enough times to know for sure. I like getting 2nd opinions. sometimes even 3rd, 4th, etc. Never hurts to ask again.

--and thanks btw.

No problem.

the statute actually goes on:

(b) A person:
(1) is justified in using reasonable force, including deadly force, against another person; and
(2) does not have a duty to retreat;
if the person reasonably believes that the force is necessary to prevent or terminate the other person's unlawful entry of or attack on the person's dwelling, curtilage [Law the area of land occupied by a dwelling and its yard and outbuildings, actually enclosed or considered as enclosed.(I had to look it up)}, or occupied motor vehicle

So it looks like you would be doubly covered. I think I will forward this law to my state rep. It looks pretty comprehensive.

[Hiram25]

I think your "buddy" is full of it. Come at me with a knife and see what you get!

[SpencerB]

The guy doesn't know what he is talking about, and who brings a knife to a gun fight?

[glockman10mm]

Make smarter friends.

[Harryball]

I think your "buddy" is full of it. Come at me with a knife and see what you get!

Legally I might add....

[mr.stuart]

Make smarter friends.

Exactly. When speaking with an idiot,I end the conversation. In Southeast Texas,you would not believe the number of people who think we live in the 1800's. There are many that do not understand anything about self defense law,they make it up as they go along.