Understanding Self-Defense: How Initiators Can Still Defend Themselves
Can you use self-defense as a defense if you’re the one who started the fight? Hi, my name is Carl Birkhead. I’m a Tulsa criminal defense attorney with Wirth Law Office in Tulsa, Oklahoma. I’ve been practicing family and criminal law for almost eight years now, and I want to help you make law easy by just talking about self-defense being used if you’re the one who was the instigator.
My knee-jerk reaction? No — you started it, so you don’t get to claim self-defense. You shoved first, so you deal with the consequences. But like most things in law, it’s not always that simple.
When Does Self-Defense Apply?
Just because you’re the initial aggressor doesn’t mean you can’t become the victim later. Here’s a scenario: you’re at a bar, maybe shooting pool, and you get into a verbal argument with someone. Things escalate, and you’re the first to make physical contact — maybe you shove them or throw the first punch. At that point, you’ve initiated the fight.
But then, let’s say the other person pulls a knife or a gun. Now they’ve escalated things way beyond where you started. At that point, you’re facing a deadly threat, and the law does recognize your right to defend yourself, even if you started the conflict.
The Importance of Proportionality
That said, your self-defense has to be reasonable and proportional. Just because they pulled a knife doesn’t mean you get to turn it into a shootout unless your life is actually in danger and deadly force is the only way out.
The point of self-defense is to get to safety, not to win the fight or get revenge. If the threat ends, your right to use force ends too. You can’t keep attacking someone once they’re down or no longer a danger.
Conclusion and the Right to Defend Yourself
Bottom line: even if you were the aggressor, if the other person escalates the threat to a dangerous level, you do have the right to defend yourself, but only enough to escape and protect your life.
Anything past just getting out of there and getting to safety, your defense is going to escalate fast. If you have questions about this, give me a call. I’m Carl Birkhead. I’m a Tulsa misdemeanor attorney with Wirth Law Office, and I want to help you make law easy.
Contact for a Low-Cost Initial Strategy Session
If you’re facing legal challenges and have questions about self-defense or any other legal matters, don’t hesitate to reach out. Call me today at 918-879-1681 to schedule a low-cost initial strategy session. Let me help you navigate the complexities of the law.
