When is it legal to brandish a knife in self-defense?

[Geno]

In Michigan, we can be licensed to carry only one form of weapon: handgun.

Cop pulls you over and asks if you have weapon and you say "Sure, my knife", you're going to the pokie. If you say, "No, but I do happen to have my pocket knife with me. But that isn't for self-defense", your fine, so long as you're not in some of the psycho-cities that prohibit carrying any form of blade. So, in fact, it varies even within the state.

My advice, call a lawyer. Know the law, and comply with the law.

Doc2005

 

[Rmeju]

If you are involved in a self defense situation and you don't have the deck staked in your favor you are going to get hurt or worse. The deck being stacked could be because you have a knife, a gun, better self defense training, or being able to run faster then the wind.

Greg, you only responded to half of my intended meaning there. Obviously everyone, everywhere, knows that going into a fight with the deck stacked in your favor is better for you. I'm with you there.

The point I was trying to make was that using that as a defense for presenting or using lethal force in an otherwise non-lethal, non-grave bodily harm kind of situation would, in my most humble of opinions, not pass a judge/jury smell test.

That's what I was trying to say. Hope that clears it up.

 

[LIQUID SNAKE]

Okay, from what I'm getting you are asking if you can pull your knife and wave it in someones face who is antagonizing but, not threatening you to avoid a possible physical conflict with them. That it?

ABSOLUTELY NOT!!
Dude, that is besides being a total chicken **** thing to do, also totally illegal. Also in regards to your theory that it would deescalate the situation, the answer is again NO. If anything your just going to make the whole situation even worse. God forbid if you actually stuck or even cut the guy. NO, ABSOLUTELY NOT.

 

[GregGry]

Greg, you only responded to half of my intended meaning there. Obviously everyone, everywhere, knows that going into a fight with the deck stacked in your favor is better for you. I'm with you there.

The point I was trying to make was that using that as a defense for presenting or using lethal force in an otherwise non-lethal, non-grave bodily harm kind of situation would, in my most humble of opinions, not pass a judge/jury smell test.

That's what I was trying to say. Hope that clears it up.

I agree that if your defense is you took a knife out and stabbed someone because you didn't want to risk getting hurt at all, even through you had many better options, then yes you are going to be convicted.

The nature of police work (And survival in general) is that if you are met with force, the proper response is to meet that force 1 level higher then it. If they have their fists up, you draw your pepper spray/taser/baton, you don't put your dukes up. If they draw a knife, crowbar, bat, chain, etc you draw your firearm.

It seems to be a common theme here that by meeting force with an overriding force, you are in the wrong. That’s completely situation dependent, but I can tell you its a more inaccurate then accurate statement (depending on your state laws). If you are in the right (AKA you're not the one starting a bar fight when your drunk) and a person puts their dukes up like they are going to attack you, there is no reason that you can't meet that force with a overriding force. If all you have is your fists, a knife, and a firearm, drawing your firearm/knife and trying to keep distance could be a proper response. By drawing your weapon you are preparing to defend yourself since you have no idea whets going to happen. Pulling a firearm and shooting the person would be a incorrect response.

Lets again go back to the common theme of meeting force with an overriding force is wrong, and will lead to an escalation of force. If a person is threatening you, they are in the wrong. You counter their threats with force of your own, such as drawing a knife. They pull out a firearm, and then you pull out your firearm. You shoot them. Claims can be made all day that this would be avoidable had the threatened person not escalated the force. However think about it for a minute, who started this situation, and who was acting in self defense?

I can't account for states that might have completely obscene laws regarding how someone can defend themselves. I can however account for having to defend my actions in use of force cases. Its not hard to defend your actions when they are reasonable.

Okay, from what I'm getting you are asking if you can pull your knife and wave it in someone’s face who is antagonizing but, not threatening you to avoid a possible physical conflict with them. That it?

ABSOLUTELY NOT!!
Dude, that is besides being a total chicken **** thing to do, also totally illegal. Also in regards to your theory that it would deescalate the situation, the answer is again NO. If anything your just going to make the whole situation even worse. God forbid if you actually stuck or even cut the guy. NO, ABSOLUTELY NOT.

If you pull a knife and wave it in a person’s face that did nothing other then call you a name, then you’re in the wrong. If you pull a knife and have it at the ready after a person for no apparent reason says they are going to kick your butt, and they have their fists up in a boxer stance, what you did is reasonable. The first person to raise the level of force present with no legal or reasonable reason to do so (Such as to show off, to scare someone that’s not threatening anyone, etc) is in the wrong. Most reactions to such a event will be able to be justified.

 

[jad0110]

Lets again go back to the common theme of meeting force with an overriding force is wrong, and will lead to an escalation of force. If a person is threatening you, they are in the wrong. You counter their threats with force of your own, such as drawing a knife.

As you said, it depends on the state. My post on the prior page basically is how it works in North Carolina for citizens. Threatening words are not enough in NC to even justify the deployment of a deadly weapon. Only threatening acts count in my state. So, if someone is threatening me with a butt whoopin' or death, I cannot draw until such threatening words become action - else it is likely that I would be charged with assault with a deadly weapon. Again, that is North Carolina. Don't know about WI.

If you pull a knife and have it at the ready after a person for no apparent reason says they are going to kick your butt, and they have their fists up in a boxer stance, what you did is reasonable.

Reasonable to you and I perhaps, but maybe not in the eyes of the law, again depending on the state. In NC this example would be a sure fire way to wind up in prison. Assuming in this example you are facing one person, about the same age/size as you. Both of you are young and physically fit/able. He starts throwing punches. This isn't even enough for to draw a deadly weapon (knife or firearm) in NC. Basically, you must wait until you are taking such a beating that you are close to passing ... so I guess you could say you must wait until you are almost dead.

Now, if the same dude pulls a knife, then the dynamic has most certainly changed. Assuming he is in a position to attack with his knife, then drawing a deadly weapon and employing such force would most assuredly be justified. Or if disparity of force exists, things may well be different.

If this proves anything, it is that it is wise to run through such scenarios in your mind beforehand and "play it out". 'Cuz there probably won't be time to when it really happens.