View Single Post
Old 01-13-2008, 06:27 PM   #4
Michael Hackett
Dojo: Kenshinkan Dojo (Aikido of North County) Vista, CA
Location: Oceanside, California
Join Date: Oct 2000
Posts: 1,253
Offline
Re: Legal right to use Aikido in defense of yourself

The duty to retreat is a vexing concept and not too many of the states have that in their statutes. Most are like California and haven't an articulated duty to retreat. If a reasonable person believes that he, or another, is in imminent danger, then he may use force in defense. He may use only that force that is reasonable and necessary.

That's where things get murky in terms of the martial arts. At least here in California we do not have the "I must register my hands as deadly weapons" myth going for us. However, you may not use more force than necessary. For a gross example, knocking an assailant out with a roundhouse kick to the head would probably be perfectly legal. If you continued and broke his arm and ribs after he was unconcious and no longer a threat, it would surely be considered a battery with great bodily harm - a felony and aggravated assault for those CSI fans reading this.

In summary, you can use Aikido in California to defend yourself or others, but you can't use too much Aikido. You don't have to run away, but you do have to stop once the threat is neutralized and you are no longer in danger.

Of course all this is viewed by the emphemeral "reasonable man" standard. A nice way for the legislators to say "Use some common sense."

Michael
"Leave the gun. Bring the cannoli."
  Reply With Quote