Even if everything else was in his favor, it is not proportional to use potentially lethal force against ordinary force.
You can only identify that difference after the fact. You don't know if that punch to the face is going to end with you getting a bloody nose or if it's going to be followed up with a curb stomping of your skull on the pavement.
Have you ever been punched in the face before by someone who knows how to throw a punch?
You can definitely identify some risk from a punch before the fact. If the puncher is a 15-year old girl, you are not at risk of maiming or death. If the puncher is a kickboxer, your argument gets much better and deadly force may be justified.
The trial takes all contextual arguments into account. Was it soft grass or asphalt, was the ground slippery, did you know that people can die after falling backwards on a curb, etc. A punch is not ipso facto "ordinary force."
Shadow is correct. You do have the ability to determine that ahead of time, and you are required to be reasonable in your assessment. A punch is simple battery until you can show that it isn't going to be.
You can only identify that difference after the fact. You don't know if that punch to the face is going to end with you getting a bloody nose or if it's going to be followed up with a curb stomping of your skull on the pavement.
Have you ever been punched in the face before by someone who knows how to throw a punch?
You can definitely identify some risk from a punch before the fact. If the puncher is a 15-year old girl, you are not at risk of maiming or death. If the puncher is a kickboxer, your argument gets much better and deadly force may be justified.
The trial takes all contextual arguments into account. Was it soft grass or asphalt, was the ground slippery, did you know that people can die after falling backwards on a curb, etc. A punch is not ipso facto "ordinary force."
Shadow is correct. You do have the ability to determine that ahead of time, and you are required to be reasonable in your assessment. A punch is simple battery until you can show that it isn't going to be.
I'll ask again:
Have you ever been punched in the face by someone who knows how to throw a punch?