The Five Critical Elements of Self-Defense

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A simple misunderstanding of the 5 elements of self-defense can lead to life-changing criminal charges. In this video, we explore how cases involving claims of self-defense often hinge on factors like reasonableness, proportionality, and innocence. From real-life examples to practical advice, Attorney Andrew Branca explains what you need to know to protect yourself legally in a self-defense situation.

Join us for our 100% FREE Law of Self Defense HARD TO CONVICT class coming up in just a few weeks.

As the title suggests this free webinar teaches you how to be HARD TO CONVICT if you’re ever compelled to use force in defense of yourself, your family, or your property.

The webinar is live streamed by me, and there’s plenty of opportunity for Q&A, as well. Again, the Law of Self Defense HARD TO CONVICT class is 100% free, but we do limit seats to allow for adequate Q&A with attendee, so I urge you to grab YOUR seat right NOW by clicking the image or link below:

Law of Self Defense HARD TO CONVICT Class

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1. The Five Critical Elements of Self-Defense

   • Innocence
   • You must not be the aggressor. Self-defense laws protect victims, not instigators.
   • Imminence
   • The threat must be immediate. If there’s no immediate danger, there’s no legal justification for using force.
   • Proportionality
   • Your response must match the threat. Deadly force can only be used to counter a deadly threat.
   • Avoidance
   • In duty-to-retreat states, you’re required to avoid the conflict if it’s safe to do so.
   • Reasonableness
   • Your actions must be what a reasonable person would do in the same situation.

   Case Examples

   Unreasonable Response

   • A woman in a grocery store parking lot pulls a gun on a man simply approaching her to ask for a cigarette lighter.
   • Why it’s wrong: There was no imminent threat or evidence of danger. Her response was both disproportionate and unreasonable, leading to felony charges.

   Reasonable Response

   • The same woman perceives the man holding a shiny object resembling a weapon and reacts accordingly.
   • Why it’s right: A reasonable person could interpret the shiny object as a weapon, justifying her actions in the moment.

   Standout Case Study

   California Self-Defense Incident

   • A young woman used a small knife to protect herself during an altercation with a much larger male aggressor.
   • Key elements met:
   • She didn’t initiate the confrontation (innocence).
   • The threat was immediate (imminence).
   • The response—using a small knife against a larger attacker—was proportional and reasonable given the circumstances.

   Hard to Convict Class

   “As promised, let me tell you about our upcoming Law of Self-Defense: Hard to Convict class. This free, live-streamed session will teach you how to minimize the legal risks of defending yourself, your family, or your property.

   Seats are limited, so don’t wait! Reserve your spot now at lawofselfdefense.com/hardtoconvict.

   And remember: if you carry a gun to stay hard to kill, you also owe it to yourself to know the law so you’re hard to convict.

   Until next time, stay safe!”