Follow through after defanging the snake illegal?

KungFuWarrior

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mcjon77 said:
It would seem to me that any further attacks with your blade on the attacker, after he has been disarmed, move into the area of the illegal (the exception being multiple attackers). Also, if you admit to the police of doing the arm strike first, couldn't a physician/medical examiner testify that after that first cut, there was no way your attacker could have held a weapon, making what you did afterwards assault with a deadly weapon and/or murder/manslaughter.

You are absolutely right. My instructor is a police officer and I have asked him similier questions and he said that after you disarm the man/woman and then attack them again you now become the agreesor and you can be charged just as they are. This also holds true if you are attacked by a knife weilding assalaint and you don't have a knife. If you disarm him of his knife then pick it up and go after him with it you then face the same charges that he does.
 

argyll

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Your general line of thinking is correct, i.e. you're are responsible for all your actions. My question to you is how do you know your attacker only has one knife? If you are fortunate enough to get a cut on one of his arms which gets him to drop his knife, that does not mean you are out of danger yet. If he was such a threat to your life that use of a lethal force on your part was justified (and a knife is always considered lethal force) then you'd better keep your attack up until he can no longer attack you, or else you may end up with a knife in your back.

Best regards,

Argyll
 
B

Baytor

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argyll said:
Your general line of thinking is correct, i.e. you're are responsible for all your actions. My question to you is how do you know your attacker only has one knife? If you are fortunate enough to get a cut on one of his arms which gets him to drop his knife, that does not mean you are out of danger yet. If he was such a threat to your life that use of a lethal force on your part was justified (and a knife is always considered lethal force) then you'd better keep your attack up until he can no longer attack you, or else you may end up with a knife in your back.

Best regards,

Argyll

This is a good point. IMO though, it is harder to justify using a higher degree of force because you are afraid he has another knife. I think you would have to be able to articulate why you thought he had another weapon (his other hand reached behind his back, into his waistband, pocket, ect).

I am not saying to take chances by any means. Immediate follow up is absolutely necessary. IMO, this would be the time to drop the guy onto the ground using whatever technique works best for you. As soon as he's down, create distance to monitor the situation and get the heck out of there as soon as it is safe to do so.

If things go "good" (relatively speaking) the guy will stay on the ground or back off. Most criminals don't want to fight hard, they want an easy mark. If things go bad, you have at least created a reactionary gap and probably weakened your opponent.

Anyhow, that's my oppinion on it FWIW, but I'm not exactly an expert yet.
 

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