SC Chapter 8 – defenses. Degree of force

SC Chapter 8 – defenses. Degree of force

State: South Carolina

 

South Carolina Criminal Jury Charges

SC Chapter 8 –  defenses.  Degree of force

A person cannot be required to make an exact calculation as to the degree or amount of force which may be needed to avoid death or serious bodily harm.  Therefore, in self-defense, the defendant has the right to use the force needed to avoid death or serious bodily harm.  The force used in self-defense does not have to be limited to the degree or amount of force used by the victim.  The defendant has the right to use so much force as appeared to be necessary for complete self-protection, and which a person of ordinary reason and firmness would have believed to be needed to prevent death or serious bodily harm.

Continuing until threat of harm is ended

If the defendant is justified in defending himself (herself) or others and in firing the first shot, then the defendant is also justified in continuing to shoot until it is apparent that the danger of death or serious bodily injury has completely ended.

By | 2013-01-18T08:59:45+00:00 January 18th, 2013|Comments Off on SC Chapter 8 – defenses. Degree of force