Concealed Carry & Firearms Safety Training Blog

PROPORTIONALITY IN SELF-DEFENSE LAW EXPLAINED

Thu, 16 Jul 2026 14:16:03 Z

The Law of Self Defense: Element 3 – Proportionality

In my previous article titled “The Law of Self Defense: Element 2 – Imminence” I focused on when you can use defensive force in self-defense.

In this article, I would like to discuss the third element of “The Law of Self-Defense”: Proportionality.

Proportionality– What is it?

Proportionality

The element of Proportionality means that the amount of defensive force you use against your attacker must not be greater than the amount of force used against you.

When talking about the element of Proportionality, I am referencing your use of force in a self-defense incident.

There are basically two types of defensive force: Non-Deadly Force and Deadly Force

Non-Deadly Force: Often referred to as less-than lethal force, non-deadly force is force that is not expected to cause death or serious bodily injury.
Deadly Force: Often referred to as lethal force, deadly force is force that is expected to cause death or serious bodily injury. Serious bodily injury can include permanent disfigurement or long-term damage to a part of the body. Examples include (but not limited to) broken bones, loss of a limb, severe burns, spinal cord injuries, and traumatic brain injuries, etc.).

Using deadly force in response to a non-deadly force threat will cause you to lose the element of Proportionality in self-defense. If someone punches or slaps you and you respond by stabbing them with a knife or shooting them with a gun, then such force in both situations would be deemed disproportionate and unlawful.

OTHER CONSIDERATIONS IN THE USE OF DEFENSIVE FORCE:

Duration of Force: Whether your use of defensive force is deadly or non-deadly in nature, you can only use enough force to stop the threat. Once the threat is stopped and the attacker has been immobilized, you must cease your use of further force. This relates to the element of Imminence that was discussed in the previous article.

EXAMPLE 1: Non-Deadly Force
If an unarmed assailant physically attacks you and you pull out your pepper spray or pepper gel and deliver two blasts into their eyes, you can’t go up to the assailant once they hit the ground, blinded by the chemical irritant, and begin stomping and kicking him/her. The assailant is no longer an imminent non-deadly force threat. The threat has stopped once the assailant hit the ground. Remember what I said in the previous article on Imminence. The threat must be “in progress or immediately about to happen.” Since the threat has stopped and the assailant has been immobilized, the “window” to use non-deadly force in this case has closed.

EXAMPLE 2: Deadly Force:
If you shoot an attacker in defensive deadly force and the threat has stopped you cannot continue shooting the attacker as in a “mag dump” of your pistol. Any shots made after the threat has stopped and the attacker has been immobilized would be considered unnecessary and unlawful. Such force would be deemed excessive and you would lose the element of Proportionality. In addition, you could be criminally charged and face prosecution.

REMEMBER: You don’t shoot to kill. You shoot to stop the threat.

WHY THE NEED FOR LESS-LETHAL OPTIONS FOR SELF DEFENSE?

There is a common misconception. Many people think that a firearm is the answer for every self-defense or use of force encounter. Nothing could be further from the truth. If you subscribe to that mentality and think a firearm is the ONLY weapon you need for self-defense you are sadly mistaken. You open yourself up to serious legal consequences should you find yourself in a non-deadly force encounter, need to defend yourself, and your only available option is a firearm in response to that non-deadly force threat.

A license to carry a firearm is NOT a license to kill. A firearm is NOT a universal weapon for self-defense. Not all self-defense situations rise to the level of the legal justification of deadly force.
According to the FBI and Department of Justice, you are five times more likely to be involved in a non-deadly force encounter than a deadly force encounter.

All the more reason to have some type or less-lethal weapon readily available should you have to use defensive force in self-defense involving a non-deadly force threat.

As you consider less-lethal options for self-defense, I encourage you to have a diversified self-defense toolbox. You want to have options and choose those that are most comfortable for you. The most common are pepper spray and pepper gel. They are easy to use and can readily be carried upon your person for quick access if needed to stop an imminent physical threat.

Other less-lethal options include the following:

Stun guns
Tasers
Expandable batons
Chemical and kinetic CO2 launchers (ie: Byrna, Salt Supply, etc.)
Tactical pens

Weapons such as these, while generally considered less-lethal in nature, can still be used to inflict death or serious bodily injury, if used in an inappropriate manner. If you use a CO2 launcher and shoot someone in the eye, for example, and that person loses an eye you may face criminal charges for the use of deadly force involving a non-deadly force threat. That is because the definition of deadly force includes “serious bodily injury” also.

Furthermore, I want to say that I legally own and carry a firearm every day for self-defense. I strongly support the Second Amendment. With that said, I realize the necessity for also having other less-lethal options readily available for self-defense. If you carry a firearm in public for self-defense make sure you ALWAYS have less-lethal options readily available in the event you are faced with a non-deadly force encounter. I carry pepper spray and pepper gel with me at all times while carrying concealed in public.

REMEMBER: A firearm is NOT universal weapon for self-defense. You are also five times more likely to be involved in a non-deadly use of force threat than a deadly use of force threat.

CONTINUUM Use OF FORCE FOR CIVILIANS

Understanding the concept of the "force continuum" can empower citizens to make better informed and lawful decisions during self-defense situations.

The level of force used should be proportional to the perceived threat you are defending against. Escalating or using excessive force beyond what is necessary to immobilize the attacker and neutralize the threat can lead to legal consequences such as being criminally charged, prosecuted, and imprisonment if convicted – even for civilians acting in self-defense.

Listed below is a diagram to illustrate the Continuum of Force for Civilians:

Source: CCW Safe

I would like to briefly define and discuss each of the five levels within this continuum of force model.

AVOIDANCE: The best fight is the one that you never find yourself in. When it comes to personal safety and self-defense, it is always prudent and reasonable to try and avoid putting yourself into situations that carry a higher risk of death or serious bodily injury. Even if you reside in a “Stand Your Ground” state where there is no generalized “duty to retreat” it is always in your best interest, both physically and legally, to mitigate the risk by seeking to avoid a confrontation. Think of it like electricity – you want to take the path of least resistance. Strive to find an escape if you can reasonably do so without increasing your jeopardy or safety. Avoidance should be considered as a primary “best practice” in the civilian use of force continuum.

LEVEL 1 - SITUTATIONAL AWARENESS: Situational awareness is the first level in the civilian use of force continuum. It is your most powerful tool and an essential part of self-defense. It is considered your foundation in self-defense. Situational awareness serves as the building block in developing your self-defense knowledge and the skills necessary to protect you and your family from criminal predation.
Situational awareness is the ability to perceive, understand, and effectively respond to one's situation. It involves comprehending a given circumstance, gathering relevant information, analyzing it, and making informed decisions to successfully address any potential risks, hazards, or events that might occur.

Situational awareness is a mental process that involves:

Observation: Using your senses to monitor the people and actions around you.

Orientation: Thinking about what's around you and how you're processing information.

Decision: Weighing your options and looking for the best possible outcome.

Action: Using the previous information to protect yourself and get to safety.

These actions are commonly referred as the OODA Loop.

LEVEL 2 – THREAT ASSESSMENT: Threat assessment is the second level in the civilian use of force continuum. Situational awareness and threat assessment go hand in hand. Here you are looking for things that appear outside the norm. Learn to trust your intuition and consistently strive to develop good situational awareness skills.

One of the ways you can best discern if a potential threat is legitimate is through Jeff Cooper’s Color Codes. In the book, “Principles of Personal Defense,” Cooper broke down situational awareness into four distinct levels of escalating levels:

Code White: Unaware, Unprepared, “Tuned Out”
Code Yellow: Relaxed, Prepared, Aware. Good Situational Awareness
Code Orange: Identified potential threat. Ready to act.
Code Red: High alert. Action required. Actively engaged in emergency response.

Some police and self-defense instructors have added a fifth color code – Black - which was not part of Jeff Cooper’s original book.

Code Black: Complete panic and mental shutdown. Inability to react effectively. Freeze or become paralyzed by stress.

Ideally you want to be in Code Yellow. You are not living in a constant state of fear or paranoia, however, you are continuously scanning for potential threats as you go about your daily activities. You remain relaxed but focused on what is going on around you without being distracted. As you continue to develop your situational awareness skills, you will be able to do this rather seamlessly.

You should never be in Code White unless you are sleeping.

Threat assessment also involves determining what type of threat you are facing – Deadly or non-deadly. The type of threat you are actually facing will dictate the amount of defensive force you may lawfully use in response to that threat.

REMEMBER: Your use of defensive force must be proportional. The amount of defensive force you may legally use cannot be greater than the amount of force you are defending against.

Deadly Force: You can use deadly force to defend against a threat of death or serious bodily injury.

Non-deadly: You cannot use deadly force to defend against a non-deadly force threat (one that does not result in death serious bodily injury).

LEVEL 3 – SEEK ASSISTANCE: Seek assistance is the third level in the civilian use of force continuum.

If you are involved in a use of force incident, it is critical that you be the first person to call 911 - no matter how small or inconsequential you may think the matter was.
The first person to call 911 is seen as the “victim” in a use of force incident. If the “bad guy” calls 911 first and reports that you attacked him and you do nothing, police will be looking for YOU and YOU will be considered as the “suspect”. You have then increased your chances of being arrested and criminally prosecuted.

The first person to call 911 after a use of force event controls the narrative. If you are the “victim” you need to act and respond like the “victim.”

Example: You draw your firearm, pepper spray, or other weapon in self-defense to what you perceived was an imminent physical threat. The person who is threatening you stops their conduct and leaves the scene. You think nothing about it and go about your normal business. Unknown to you, the “bad guy” goes and calls the police telling them that you threatened them with a weapon. The police respond and now you are viewed by police as the “suspect.”

911 calls are on a recorded line. The moment the phone starts ringing recording is already in progress before the 911 dispatcher answers the call. Do not make any incriminating statements (talking to yourself about what happened or to others standing nearby). 911 calls are among the first pieces of evidence to be subpoenaed in a self-defense criminal trial. Such incriminating statements can have an adverse effect on your claim of lawful self-defense.

LEVEL 4 – ACTION: Action is the fourth level in the civilian use of force continuum.
I mentioned earlier under Avoidance that the best fight is the one you never find yourself in. If you do find yourself facing a non-deadly force threat and you are unable to escape without increasing your jeopardy or safety, de-escalation is a good option. I briefly talked about the importance of de-escalation in self-defense in my previous article The Law of Self Defense: Element 2 – Imminence,

The goal is to avoid confrontation through the process of de-escalation and verbalization.

De-escalation: When emotions are running high in a confrontation, things can take a wrong turn very quickly. You want to be able to take reasonable steps to “bring the temperature down.” Physically removing yourself from the scene without increasing your jeopardy or safety is always a good option. If you are unable to do so and depending where you are, use physical barriers to create distance between you and an attacker. Generally speaking, there is safety in distance when you are dealing with a non-deadly force threat vs. a deadly force threat (you can’t outrun a bullet).

Verbalization: Communication is a vital part of the Action step. Be aware of your tone and the words you use when facing a volatile person. Talk calmly while showing patience and understanding.

Not all situations can be addressed through de-escalation and verbalization. If you are facing an imminent deadly force threat, for example, you will most certainly not be able to attempt de-escalation. You will be compelled to immediately respond to the threat that is already in progress or immediately about to happen. You will need to take immediate physical action to immobilize the attacker and neutralize the threat.

Whatever level of force you decide to use in self-defense (non-deadly or deadly) it must be reasonable. Reasonableness is one of the required elements from the Law of Self Defense that I will discuss further in the fifth article of this series.

LEVEL 5 – DEADLY FORCE: Deadly force is the fifth level in the civilian use of force continuum.

The use of deadly force should ALWAYS be your last resort.

I cannot stress enough the importance of having a thorough understanding on each of the five elements of the Law of Self Defense. You must have all five of these elements in your favor (unless one or more are legally waived) in order to have a lawful self-defense claim. Lose any one of these elements and your self-defense claim collapses in its entirety.

The moment you pull the trigger in “self-defense” your life will change forever – legally, financially, emotionally, and psychologically. You may survive the physical fight, however, there is the legal fight to consider. Even if you though you did everything right, you may still be arrested, criminally prosecuted, and possibly face decades or perhaps life imprisonment if convicted.

The costs of defending yourself in a criminal trial are astronomical. You can reasonably expect to accumulate $150,000 to $200,000 in attorney fees and legal expenses in pre-trial costs alone.

Depending upon the complexities of your case, these costs could escalate to approximately $400,000 or more just to defend yourself against criminal liability.

Then there is also the civil trial to consider. The victim or the victim’s family sues you in court for monetary damages associated with the shooting.

Know the legal boundaries of self-defense. Protect yourself from criminal and civil liability.

QUESTION: Am I required to progress through each of the five levels systematically before I can use deadly defensive force?

ANSWER: No.

While the use of deadly force should be a last resort option, circumstances can occur where you would not be required to systematically go through each level before using deadly defensive force.

EXAMPLE:
A situation can start out as non-deadly. Perhaps you and another person are having some type of verbal confrontation. Before you can attempt to remove yourself from the confrontation (Avoidance) or possibly attempt to de-escalate the situation (Level 4: Action), the other person suddenly exhibits a firearm and attempts to shoot or points it at you. At this point, you are now facing an imminent deadly force threat. The other person just escalated what was a non-deadly force threat into deadly force threat. You would immediately escalate your response to Level 5: Deadly Force in response to that deadly force threat. After being compelled to use deadly force, then you would go to Level 3: Seek Assistance and call 911 to request police and medical response to your location.

KEY TAKE-AWAYS ON PROPORTIONALITY IN SELF-DEFENSE:

Your use of force must be proportional. It cannot be greater that the amount of force you are defending against.
Develop your situational awareness and threat assessments skills to help you make informed decisions in self-defense.
Be the first to call 911 if involved in any use force event.
A firearm is not a universal weapon for all use of force event.
Have a diversified self-defense toolbox that includes less-lethal options.
You don’t shoot to kill. You shoot to stop the threat.
The best fight is the one that you are never in (Avoidance)
Not all situations can be de-escalated.
The use of deadly force should always be your last resort.

Source content for this article is derived largely in part from the following:

Law of Self Defense Principles (Andrew F. Branca) Attorney at Law, internationally recognized self-defense, and use of force expert.

CCW Safe – a leading provider of comprehensive self-defense coverage against criminal and civil liability.

In the next article of this series, I will discuss the fourth element of the Law of Self Defense – Avoidance.
In this element, I will cover Stand Your Ground vs. Duty to Retreat as well as the Castle Doctrine.
I hope you will join me as we move through each of the five elements of the Law of Self Defense.

ABOUT THE AUTHOR:

Terry L. Pittman is a North Carolina resident and concealed handgun permit holder since 2013, who is passionate about helping others understand the legal boundaries of self-defense and the importance of being prepared with both education and post-incident liability coverage. A graduate of the Charlotte Police Academy (1982), Terry served with the Charlotte Park Police from 1981–1984 and later volunteered with the Cornelius, NC Police Department from 2017–2025. He also remains active as a civilian participant in the Charlotte-Mecklenburg Police Department Ride-Along Program, where he has been involved since 2016.

Through his writing and social media presence, Terry focuses on lawful self-defense topics and encourages responsible, informed decision-making for individuals and families. While he is not an attorney and does not provide legal advice, he urges anyone with legal questions or involvement in a use-of-force incident to consult a qualified attorney in their jurisdiction. Terry is also a registered affiliate with Law of Self Defense and CCW Safe, organizations he and his wife Wendy consider key components of their personal self-defense plan.

Imminence in Self-Defense Law Explained

Tue, 02 Jun 2026 10:45:30 Z

In this article, I will discuss the second element of lawful self-defense: imminence. In my previous article titled The Law of Self Defense: Element 1 – Innocence I focused on the importance of not being the initial aggressor in a fight. You don’t want to be someone who starts a fight or the first to threaten to use force. You don’t want to be someone who “runs to the fight” or accepts a challenge to fight (Mutual Combatant). You also do not want to be someone who provokes a fight to “bait” the other person to use force first, so you have an excuse to use defensive force yourself and then claim self-defense (Provoker with Intent). Finally, you don’t want to be someone who attempts to “rekindle” a fight with someone who voluntarily withdraws from a confrontation or forcibly sustain a fight.

Self-defense laws vary by state, so this article is intended for general educational purposes and should not be treated as legal advice for any specific situation or jurisdiction.

All of these scenarios are ways that will cause you to lose the element of Innocence and any claim of lawful self-defense.

IMMINENCE: WHAT IS IT?

The element of Imminence refers to an attack that is already in progress or is immediately about to happen. Think of Imminence like a window. It opens and closes. When the threat (non-deadly or deadly) is in progress or is immediately about to happen, the window is open. When the threat has been neutralized or has stopped, the window has closed.

Black’s Law Dictionary has the following legal definition of Imminence:

“Immediate danger, such as must be instantly met, such as cannot be guarded against by calling for the assistance of others or the protection of the law…such an appearance of threatened and impending injury as would put a reasonable and prudent man to his instant defense.”

If you respond with force too early (before the threat begins) or too late (after the threat has stopped), you can lose the element of Imminence. Your decision to use force cannot be speculative or futuristic. For example, “For all I know, he could have had a gun” or “I thought he was going to go get a gun and come back to shoot me.” You must be able to articulate the threat in real time based on the evidence. Using defensive force too soon or too late can get you into serious legal trouble.

The AOJ Triad: Ability, Opportunity, and Jeopardy

The AOJ Triad is a great tool to help evaluate Imminence in real time and to help articulate to a judge or jury why you found it necessary to respond with the deemed appropriate level of defensive force. The AOJ Triad consists of three components:

Ability: Does my attacker have the ability to hurt me? How much harm can they cause me?
Opportunity: Does my attacker have the opportunity to bring that threat to bear? Concerning Opportunity, there are a couple of important considerations: distance and obstacles.

Distance: Someone 25 yards away from you, possessing an impact weapon, such as a knife, can harm you with that knife if they are in proximity to you and can stab you with the knife. At 25 yards away, however, they are not yet an imminent deadly force threat. If you can do so with complete safety and without increasing your jeopardy, it is always good to create distance between you and your attacker. On the other hand, someone with a projectile weapon, such as a firearm, at that same distance, however, would be a deadly force threat. When it comes to distance, projectile weapons pose a higher risk of death or serious bodily injury because of the speed (velocity) at which they can travel over shorter distances.
Obstacles: If there are no obstacles between you and an attacker, the attacker has the opportunity to bring that threat to bear. If you can do so with complete safety and without increasing your jeopardy, it is good to place obstacles between you and your attacker to reduce your risk of physical harm. The most obvious obstacles would be some type of physical barrier between you and your attacker.

Jeopardy: Someone who has the ability and opportunity to hurt you and conducts themselves in such a way to suggest they have malicious intent in harming you clearly demonstrates jeopardy. Someone who openly displays a gun on their waist in public, for example, but is not actively demonstrating any threatening behavior, is not placing you in any jeopardy at that moment. On the other hand, an active shooter walking around indiscriminately shooting people in public would be placing others in jeopardy.

Other Important Considerations When Assessing Jeopardy

Body Language and Threat Recognition: The best fight, of course, is the one that you are never in. However, when the fight comes to you, you must be ready to respond both lawfully and tactically. There are certain danger signals or signs to look for. These include, but are not limited to:
- Eye Contact: It’s often said that the “eyes are the window to the soul.” The way that an attacker looks at you, such as a hard, fixed stare, could be a pre-fight indicator.
- Hands: Police are trained to watch the hands anytime they engage with a person. That is why you hear them issue commands such as “Show me your hands,” because it will allow them to readily determine if a person has any weapon(s) in their hands that could pose a threat to the officer. Also, a person standing in front of you with their hands closed in a fist-like manner is sending a nonverbal cue that he/she is about to physically strike you.
- Personal Space: Someone who is literally “up in your face” is clearly communicating that they are not afraid of you and trying to intimidate you. Generally speaking, there is safety in distance. Distance allows you some reactionary time, which I will mention in another section below in this article. Body language plays an essential part in establishing jeopardy and helping to define imminence in self-defense. Nonverbal cues such as body language are especially important when you are attempting to assess a potential threat. A perceived attacker can say a lot without saying a word.

All three components (Ability, Opportunity, and Jeopardy) must be present for a threat to be considered as an imminent threat. When you are facing an actual or potential threat, whether it is deadly or non-deadly in nature, you will want to assess the threat level in real time using the AOJ Triad. This will allow you to respond with the proportional level of defensive force. The element of Proportionality is the third element in the Law of Self-Defense. I will discuss that more in detail in the next article of this series.

THE IMPORTANCE OF DE-ESCALATION IN SELF-DEFENSE

The Department of Homeland Security defines de-escalation as follows: “The use of communication or other techniques during an encounter to stabilize, slow, or reduce the intensity of a potentially violent situation without using physical force, or with a reduction in force.”

When attempting to resolve a conflict or intense situation, police will often use de-escalation strategies, which can help “bring the temperature down.” This reduces the risk of violence, serious injury, or death.

Not all situations can be de-escalated, especially if you are faced with an imminent deadly force threat, and you must respond immediately to avoid death or serious bodily injury to yourself.

Some key de-escalation techniques include:

VERBAL COMMUNICATION:

Active listening: Pay full attention, nod, and use verbal cues like "uh-huh" to show you're engaged.
Empathy statements: "I can see you're upset," or "It sounds like you're feeling frustrated".
Paraphrasing: Repeat back what you heard to confirm understanding.
Open-ended questions: Ask questions that encourage the person to explain their feelings and perspective.
"I" statements: Focus on how the situation is affecting you without blaming the other person.

NONVERBAL COMMUNICTION:

Calm body language: Maintain an open posture, avoid crossing your arms, and keep facial expressions neutral.
Appropriate eye contact: Maintain steady eye contact without staring.
Maintain personal space: Respect the other person's boundaries and avoid getting too close.
Voice tone: Speak in a calm and soothing voice, avoiding raised tones.

UNDERSTANDING THE REACTIONARY GAP AND THE TUELLER DRILL IN SELF-DEFENSE

The Reactionary Gap:

The Reactionary Gap refers to the distance you must maintain between yourself and a potential threat, allowing you sufficient time to react if the situation escalates. It is a foundational concept used in personal safety and law enforcement training.

The Reactionary Gap allows you to maintain a safe distance from potential threats, giving you time to assess the situation and decide on the best course of action. This could include attempting to escape from the situation, calling 911 for help, or defending yourself against an imminent threat.

The Tueller Drill A.K.A. The 21-Foot Rule:

An attacker with a contact weapon, such as a knife, can pose an imminent deadly force threat from as little as 21 feet. Think about that for a moment. That distance is just over 3 benches positioned and linked together. Someone charging at you with a knife could be upon you before you have time to realize what is going on and respond with defensive deadly force. You could be dead in an instant!

The Tueller Drill, named after Sergeant Dennis Tueller of the Salt Lake City Police Department in Utah, demonstrated that an assailant armed with a knife could begin running toward an individual armed with a handgun at 21 feet and that only those who are highly trained and proficient with a firearm could draw and engage their attacker before the knife-armed threat closed the distance and inflicted death or serious bodily injury.

The Tueller Drill, often referred to as the 21 Foot Rule, illustrated that it would take a reactionary time of approximately 1.5 seconds for a police officer to draw his firearm from its holster and fire two shots center mass on an attacker.

This is an important consideration when facing an attacker with a contact weapon and considering defensive deadly force. If you shoot too soon, you are at risk of being charged criminally and, thus, lose the element of Imminence in self-defense. If you wait too long to shoot, you risk being killed or suffering serious bodily injury.

DEFENSIVE DISPLAY / BRANDISHING

The five elements of the Law of Self Defense apply to non-deadly as well as deadly force encounters. For those of you, like myself, who carry a firearm legally in public for self-defense, I want to say a word about the defensive display of your firearm. Some jurisdictions may refer to this as “brandishing” your firearm.

What is Brandishing?

The term “brandish” means, with respect to a firearm, to display all or part of the firearm, or otherwise make the presence of the firearm known to another person, to intimidate that person, regardless of whether the firearm is directly visible to that person. You are, in essence, attempting to change the other person’s behavior by displaying the firearm.

In the absence of a deadly force threat, you could reasonably be charged with felony aggravated assault with a firearm. In many jurisdictions, that is good for 10-20 years in prison if convicted.

Assault is the state of mind of the victim. It doesn’t matter that you didn’t point your firearm directly at the other person. Merely telling someone you have a firearm could get you charged with aggravated assault with a firearm. For example, “I’ve got a gun” or “I’ve got a gun and am not afraid to use it” could place a reasonable and prudent person in fear of death or serious bodily injury.

The moment you tell someone you have a firearm with the purpose of attempting to change their behavior, you have just checked all the boxes for aggravated assault. The other person only has to have a reasonable fear of imminent deadly force or serious bodily injury. Your display of a firearm or verbally telling the other person you have a firearm could place you in serious legal jeopardy.

Your gun should only come out of its holster or be displayed when there is evidence of an imminent deadly force threat, and you are prepared to respond to that threat in a lawful manner (the use of deadly force). As previously mentioned, Imminence is defined as “in progress or immediately about to happen.” The threat cannot be speculative in nature, such as “for all I know he was going to kill me,” as the reason for drawing your firearm.

Brandishing your firearm in the absence of a deadly force threat makes you vulnerable to being criminally charged and to successful prosecution.

Owning a firearm for self-defense carries with it a tremendous amount of legal and financial responsibility. Where people get into serious legal trouble is when they are often facing a non-deadly force threat and decide to display (“brandish”) their firearm as a “show of force” to another person in an attempt to stop the threat or change their behavior. They may “brandish” the firearm out of emotion (fear).

Coming Next: Proportionality In Self-Defense

In the next article of this series, I will discuss the third element of the Law of Self-Defense: Proportionality. This element focuses on the use of force and how it applies to deadly versus non-deadly situations. The amount of force you use in self-defense cannot be greater than the threat you are defending against. I hope you will join me as we continue through each of the five elements of the Law of Self-Defense.

Source content for this article is derived largely in part from the following: Law of Self Defense Principles (Andrew F. Branca), Attorney at Law, internationally recognized self-defense, and use of force expert.

Continue building your self-defense knowledge with quality training. Find firearms, concealed carry, and personal safety classes near you through ShootingClasses.com.

Innocence in Self-Defense Law Explained

Wed, 18 Mar 2026 11:04:53 Z

the law of self-defense: element 1 - innocence

In my previous article titled What's Your Self-Defense IQ? I mentioned that five elements compose a lawful self-defense claim. These are as follows:

Innocence
Imminence
Proportionality
Avoidance
Reasonableness

These elements are cumulative, meaning that you must have all five elements in your favor (unless one or more of them are legally waived) to achieve a lawful self-defense claim. A defendant does not have to prove self-defense. A prosecutor must disprove self-defense. If a prosecutor can successfully attack and disprove any one of these five elements, then your self-defense claim is defeated in its entirety.

Self-defense is inherently an act of confession and avoidance. You are confessing to the underlying conduct (ie, “I shot him,” “I stabbed him,” or “I punched him,” etc.). You are admitting “I did it” but offering a legal justification (self-defense) for your actions to avoid any legal consequences, such as criminal charges and prosecution. If you lose your claim of self-defense, then all that is left is a confession. This is a walk-away conviction for the prosecution. Depending upon the criminal charge(s), you could face decades or life imprisonment if convicted.

Whether you own/carry a firearm or some other type of less-lethal weapon, I cannot stress enough how important it is to know and understand each of these five elements of the Law of Self Defense. As Attorney Andrew Branca from the Law of Self Defense, who is also an internationally recognized use of force and self-defense expert, states, you want to make yourself “hard to convict.”

How do you make yourself “hard to convict?”

It starts with personal commitment. You must take personal responsibility for the safety of yourself and your family. You must make a conscious decision that you are going to make a personal commitment to educate yourself on the five elements of the Law of Self Defense and become well-informed. You must adjust your mindset to refusing to become a “victim.”

You don’t have to be an attorney to understand general self-defense law – just a strong desire to know the legal boundaries so that if you are ever compelled to use defensive force in self-defense, you don’t find yourself being criminally charged by a prosecutor and facing the possibility of decades or perhaps life imprisonment if convicted by a jury in a criminal trial.

Those who are well-informed and educated on knowing the legal boundaries of self-defense respond lawfully, confidently, and decisively in the “moment of crisis.” Those who are not well-informed and educated on knowing the legal boundaries respond out of emotion (fear) and make poor choices in the “moment of crisis.” Therefore, they find themselves facing serious legal consequences.

How well do you think you would respond in the moment of crisis under stress? Will your decisions be based upon your education and training in self-defense, or will your decisions be based on fear and emotion?

Innocence – What is it?

Innocence, with respect to self-defense, should not be confused with innocent until proven guilty, as in a criminal trial. Nor should it be confused with being found “not guilty” in a criminal trial. If you are charged with a criminal offense, the law states that you are presumed innocent until found guilty “beyond a reasonable doubt” by a judge or jury in a criminal trial.

The element of Innocence, as it relates to self-defense, states that you must not be the initial aggressor in a conflict. Generally speaking, you must not be the first person to use force or threaten to use force. You must not forcibly sustain or escalate an altercation. In most states, mere words alone are not enough to make someone the initial aggressor; however, when coupled with an overt act, such as a weapon in hand together with threatening language, they can make you look like the initial aggressor.

If you are found to be the initial aggressor, you lose the element of Innocence in self-defense. Thus, you lose your self-defense claim in its entirety.

REMEMBER: As I previously mentioned, the five elements of the Law of Self Defense are cumulative. You must have all five elements in your favor (unless one or more of these are legally waived) to achieve a claim of lawful self-defense. Even if you have the remaining four elements all in your favor, if you lose the element of Innocence, you lose self-defense in its entirety. A prosecutor only has to disprove any one of these elements.

If you are charged criminally in a use-of-force event and claiming self-defense, you can be sure that a prosecutor is going to review the police investigative report, witness statements, and all other evidence to find the “weak spot” in your self-defense claim and attack it. A prosecutor is going to find where you are most vulnerable and will aggressively pursue a conviction on the criminal charge(s) against you.

In addition to being an “Initial aggressor,” there are several other ways in which you can lose the element of Innocence in self-defense. Let’s look at each of these individually:

Mutual Combatant:

You do not want to be someone who “runs to the fight.” Agreeing to accept an invitation to fight from another person will lose both of you the element of innocence, and neither person will be permitted to claim self-defense. As human beings, especially men, we don’t want to appear weak. We want to appear “macho” and maintain our sense of pride and dignity. If challenged to a fight, we let our emotions take over in the heat of the moment and willingly accept an invitation to fight another person, or we challenge the other person to a fight (“let’s take this outside and settle this like men”). In either scenario, this is considered a mutual combatant, and both individuals lose the element of Innocence and any lawful claim of self-defense.

Provoker with Intent:

Some states distinguish between an initial aggressor and a Provoker with Intent. A Provoker with Intent is someone who “baits” another person into throwing the first punch or using some other type of force so they will have an excuse to respond and claim they acted in self-defense (ie: ‘’Throw the first punch, I dare you!”). If you are found to be a Provoker with Intent you own that fight. You lose the element of Innocence and cannot claim lawful self-defense. There’s no coming back. You’ve crossed the “point of no return.”

I am reminded of a high-profile self-defense incident that originated in Frisco, Texas (April 2, 2025) and involved the fatal stabbing of 17-year-old Austin Metcalf by another 17-year-old identified as Karmelo Anthony. Karmelo Anthony was charged with first-degree murder and is claiming self-defense. The incident occurred at a high school track meet after a verbal confrontation between Metcalf and Anthony. He is currently awaiting trial.

Witnesses told police that Anthony was sitting under the opposing high school’s tent and was told to leave. Anthony allegedly told Metcalf, "touch me and see what happens," according to an arrest warrant affidavit. One witness told police that Metcalf then pushed Anthony to get him out of the tent. Anthony then reached into a bag, pulled out a knife, and stabbed Metcalf.

While it appears from the witness statements that Metcalf was the first person to use physical force by pushing Anthony, Anthony’s statement of “touch me and see what happens” could be reasonably construed as “baiting” Metcalf into a confrontation, thereby giving Anthony an excuse to use force in self-defense. In such a case, although Anthony appears not to be the initial aggressor in the confrontation, he would lose the element of Innocence if the State of Texas's self-defense laws distinguish between an initial aggressor and a Provoker with Intent.

Pursuit/Sustaining a Fight:

If another person is the initial aggressor and then voluntarily leaves the confrontation, it is important not to “rekindle” that fight. If you pursue the other person in an attempt to “rekindle” the fight, you will then be responsible for starting a second fight and will be considered the initial aggressor in the second fight. You lose the element of Innocence in the second fight and thus self-defense.

Can you regain the element of Innocence once you have lost it?

There are a couple of exceptions where you can regain Innocence even if you were the initial aggressor in a non-deadly force confrontation:

Withdrawal and Communication:

You must genuinely withdraw from the fight and must not re-engage. You must abandon the fight altogether – not retreat temporarily for a tactical advantage – and then decide to re-engage. You must effectively communicate your intention to withdraw from the fight. You can do this by your actions in running or walking away from the confrontation. The best way to communicate your withdrawal from a fight is verbally and do so loudly so that nearby witnesses hear your communication. Doing so verbally, while also attempting to walk or run away at the same time, is clear evidence to others of your intentions to withdraw from the fight.

Escalation of Force:

If you start a non-deadly force fight and the other person responds with the same amount of force, then your use of force is considered lawful. On the other hand, if you use non-deadly force upon the other person and that person responds with deadly force, then they are the aggressor in the second fight. Their use of force is considered disproportionate, and you would be privileged to respond with your own use of deadly force.

EXAMPLE: Jim punches Joe with his fist (non-deadly force). Joe becomes upset and displays a knife, threatening to kill Jim (deadly force). Jim, in response to Joe’s deadly force threat, shoots Joe. Jim was the initial aggressor in the first fight (fist punch); however, when Joe responded with deadly force instead of non-deadly force in response to Jim’s punch, that made Joe the initial aggressor in the second fight. Jim has regained the element of Innocence in self-defense under the law.

Key Takeaways on Innocence in Self-Defense

Generally speaking, you are allowed to use deadly force in response to a deadly force threat and non-deadly force in response to a non-deadly force threat. I will cover more on the use of force in self-defense under the element of Proportionality in a future article.

The element of Innocence is one of the building blocks of your self-defense claim. You want to appear as the “good guy” in any use-of-force event.

In summary, here are some takeaways to remember:

Don’t be the initial aggressor in a conflict.
Don’t be the first person to use or threaten force.
Don’t forcibly sustain or escalate an altercation.
Don’t “run to the fight” or accept a challenge to fight (Mutual Combatant),
Don’t provoke a fight as an excuse to use force against someone in self-defense (Provoker with Intent).
Don’t pursue an attacker who leaves a fight or attempt to “rekindle” a fight once it has stopped (Pursuit/Sustaining a Fight).

Source content for this article is derived largely in part from the following: Law of Self Defense Principles (Andrew F. Branca) Attorney at Law, internationally recognized self-defense, and use of force expert.

In the next article of this series, I will discuss the second element of the Law of Self Defense - Imminence. In this element, I will discuss when you can legally use defensive force in self-defense. I hope you will join me as we continue through each of the five elements of the Law of Self Defense!

What’s Your Self-Defense IQ?

Tue, 03 Feb 2026 10:50:03 Z

What you think you know about self-defense and what the law actually allows can be two very different things. If you carry a firearm, keep a defensive tool on you, or simply want to protect your family, you need to understand the legal boundaries of self-defense.

Self-Defense Is Your Right and Responsibility

Former United States President Ronald Reagan once said, “Self-defense is not only our right; it is our duty.”

People today are more concerned than ever about personal safety. Violent crime remains a serious concern in cities and local communities alike. Political and racial tensions continue to rise. Emotions run high, and it does not take much to trigger someone. Just listen to the daily news and you will quickly see the world can be dangerous. This is not Mayberry. Sheriff Taylor needs to wear a gun, and Deputy Barney Fife needs to keep his revolver fully loaded.

If you are suddenly facing an imminent threat or attack, you do not get to set the date or time. Your attacker does. Will you be ready if, and when, that happens? Taking responsibility for your personal safety includes knowing the legal boundaries of self-defense so you can respond lawfully and decisively in a moment of crisis.

Self-Defense Is a Lifestyle

As a civilian with former law enforcement experience, I am passionate about the study of lawful self-defense and I strongly support the Second Amendment. I dedicated my Facebook page to lawful self-defense and related topics because I want to help others become better educated and better prepared.

For me, self-defense is a lifestyle. I live it and practice it daily. You must be prepared for the physical battle as well as the legal battle that may follow. Your first priority is to survive the physical fight. If you lose the physical fight, everything else becomes insignificant.

A Diversified Self-Defense Toolbox Is Essential

As someone who lawfully carries a concealed firearm every day in my home state of North Carolina, I recognize the importance of also having less-lethal resources available for self-defense. When I carry my concealed firearm, I also carry less-lethal tools. This allows me to be prepared for a range of threats, whether deadly or non-deadly, and respond appropriately. A firearm is not a universal response for every self-defense encounter.

Relevant Training Is Necessary

Once you have a plan and know what self-defense tools you will carry, you must train in their use. You must build proficiency so you can respond decisively in a moment of crisis. What good is a firearm if you carry it but never go to the range to practice? What good are less-lethal resources such as pepper spray, pepper gel, or tasers if you do not practice and learn how to use them effectively? Threats happen suddenly. If you are attacked, you will not have time to think through every detail. You must be ready to act immediately. Once you prepare for the physical fight, you must prepare for the legal fight as well. Unfortunately, the legal fight is where many people fail to plan.

Benjamin Franklin said it best: “If you fail to plan, you are planning to fail.” If you are ever compelled to defend yourself from an imminent threat or attack, you will likely invoke self-defense as legal justification for your use of force. Whether your use of force was legally justified will be determined by the results of a police investigation, reviewed by a prosecutor, and ultimately decided by a judge or jury if criminal charges are filed.

If you used deadly force, you could potentially face charges such as murder, manslaughter, or aggravated assault, depending on the facts of the case. These are serious charges that can result in decades in prison, or even life imprisonment, if convicted.

Burden of Production

Regardless of the type of threat, you do not automatically have the right to argue self-defense in court. You must meet what is known as the Burden of Production. You are not required to produce a large amount of evidence, but you must provide enough evidence to support your self-defense claim. The judge or jury will then hear and weigh the evidence and render a verdict.

The 5 Elements of the Law of Self-Defense

You may believe you did everything right. You were the victim of an unprovoked attack. You did not do anything wrong. So how is it possible you could still be charged for defending yourself?

Because what you think you know about self-defense and what the law actually requires can be two entirely different things.

The legal doctrine of self-defense is not simple. For a self-defense claim to be deemed lawful, there are five elements that will be evaluated by a prosecutor. These five elements are cumulative, meaning all five must be in your favor (unless one or more are legally waived). For example, Avoidance may be waived in a Stand Your Ground state. These five elements are the foundation of a lawful self-defense claim. If a prosecutor can disprove even one of them, your self-defense claim collapses.

So what are the five elements of the Law of Self-Defense?

Innocence: You must not be the initial aggressor in a confrontation.
Imminence: The threat must be happening now or immediately about to happen.
Proportionality: The force you use must not be greater than the force you are defending against.
Avoidance: Do you live in a Stand Your Ground state or a Duty to Retreat state?
Reasonableness: Your actions and decisions must be both subjectively and objectively reasonable.

Make Yourself Hard to Convict

There is a fine line between the lawful use of force and a jail cell. Make sure you know the legal boundaries of self-defense so you do not risk spending decades in prison, or even life imprisonment. Self-defense laws vary from state to state. Always check the laws in your state so you understand the legal boundaries in your jurisdiction.

Source content for this article is derived largely from the book Law of Self Defense Principles by Andrew F. Branca, Attorney at Law, an internationally recognized self-defense and use-of-force expert.

In the next article, I will explore the first element, Innocence, and discuss what factors can negatively impact your self-defense claim. I hope you will join me as we continue through each of the five elements of the Law of Self-Defense!