Can You Shoot Someone Who Punches You In the Face?

Published on June 6, 2022
Duration: 5:44

This video, featuring criminal defense attorney Tom Grieve, clarifies when deadly force is legally permissible in a self-defense scenario, particularly in Wisconsin. It emphasizes that a punch, while potentially assault, does not automatically justify deadly force unless it creates a reasonable fear of imminent death or great bodily harm. The discussion highlights the critical role of 'reasonableness' and the totality of circumstances, including disparity in size, strength, and training, in legal assessments.

Quick Summary

In self-defense, deadly force is only legally justified if you have a reasonable fear of imminent death or great bodily harm. A punch alone typically does not meet this threshold unless it escalates to a deadly threat, considering factors like size disparity and the totality of circumstances.

Chapters

  1. 00:00Introduction: Can you shoot after being punched?
  2. 00:27Wisconsin Self-Defense Law Example
  3. 00:50Reasonable Fear of Imminent Death or Great Bodily Harm
  4. 01:24Objectively Reasonable Use of Force Standard
  5. 01:38Non-Deadly vs. Deadly Force
  6. 02:07Using Non-Deadly Force
  7. 02:18Using Deadly Force
  8. 02:26Can you punch someone punching you?
  9. 02:33When punching back is not legal
  10. 02:58The Importance of 'Reasonable'
  11. 03:10Totality of Circumstances
  12. 03:28Stand Your Ground vs. Duty to Retreat
  13. 04:05Deadly Force as Last Resort
  14. 04:36Punching and Prison
  15. 04:50Conclusion and Thanks

Frequently Asked Questions

Under Wisconsin law, what is required to legally use deadly force in self-defense?

In Wisconsin, using deadly force requires a reasonable fear of imminent death or great bodily harm. This means you must be able to articulate why the specific threat posed by an attacker created an immediate and severe risk to your life or well-being.

What is the difference between using non-deadly force and deadly force in self-defense?

Non-deadly force can be used to stop a non-deadly threat or illegal interference with you or your property, provided it's reasonable. Deadly force, however, is reserved exclusively for situations where you reasonably fear imminent death or great bodily harm.

Does 'Stand Your Ground' mean you can always shoot someone who punches you?

No. Even in 'Stand Your Ground' states, the use of deadly force must still be a reasonable response to an imminent threat of death or great bodily harm. A single punch, without further context, is unlikely to meet this high legal threshold.

What factors do courts consider when assessing the 'reasonableness' of force used in self-defense?

Courts consider the totality of circumstances, including disparities in size, weight, and strength between the individuals involved, as well as any training differences. In some jurisdictions, the reasonableness of considering escape or retreat is also a factor.

Related News

All News →

More 2nd Amendment & Law Videos You Might Like

More from USCCA

View all →