Keep in mind self-defense has seven element to it: reasonable belief, necessity, proportionality, retreat, aggressor, mistake, imperfect self-defense. Follow by the two standard of self-defense. First subjective it’s when defendant must demonstrate an honest belief that he or she confronted an imminent attack. Second objective is when defendant must demonstrate that a reasonable person under the same circumstances would have believed that he or she confronted an imminent attack. There is no assuming when it comes to excusable affirmative it need to be fully. For example if someone says “they have a gun and they will come after you” and that was all that said. There is not enough evidence for you to go out your way and get a gun yourself and go kill that person. In other way if someone coming towards you with a knife and attempting to stab you and missed that is enough to make some action to save your life. In front of a judge you were fighting for your life and keeping yourself
Keep in mind self-defense has seven element to it: reasonable belief, necessity, proportionality, retreat, aggressor, mistake, imperfect self-defense. Follow by the two standard of self-defense. First subjective it’s when defendant must demonstrate an honest belief that he or she confronted an imminent attack. Second objective is when defendant must demonstrate that a reasonable person under the same circumstances would have believed that he or she confronted an imminent attack. There is no assuming when it comes to excusable affirmative it need to be fully. For example if someone says “they have a gun and they will come after you” and that was all that said. There is not enough evidence for you to go out your way and get a gun yourself and go kill that person. In other way if someone coming towards you with a knife and attempting to stab you and missed that is enough to make some action to save your life. In front of a judge you were fighting for your life and keeping yourself