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Weekly News Letter Issue 20 - The initial aggressor
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Are you the initial aggressor?

Topic: If you are found to be the initial aggressor—meaning you provoked or started the altercation—your ability to claim self-defense may be limited or scrutinized more heavily.


Why care: Courts typically require that a person claiming self-defense acted reasonably, was not the instigator, and faced an imminent threat (subjectively and objectively). However, if you escalated the situation or engaged in aggressive behavior first, the law may view your actions differently, potentially weakening your defense.


So what? Does that mean you must wait to be physically assaulted before defending yourself? No, there is no law that states you must wait for another person to attack you first; you can initiate physical contact first but you must understand the conditions that allow it so you are not presumed to be the initial aggressor.

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