When a Trier of Fact determines reasonableness of your actions, the nature and immediacy of that danger and the probability that it’s going to result in death or serious bodily injury will almost certainly be considered. You must be reasonably in immediate fear of death or great bodily harm.
Reasonably in immediate fear of death or great bodily harm. Hmmmmm. Sounds kinda squishy. Legalese. Let’s parse that a bit.
Many states call these threats forcible felonies …aggravated assault, various types of murder andmanslaughter, kidnapping, rape, sexual abuse of a child, arson, robbery, burglary … really any felony offense that involves use of force or violence against a person so as to create a substantial danger of death or serious bodily injury.
Here’s something we all need to keep in mind. Reasonable fear is in the eye of the victim … in other words, in the eye of the one who is scared.
What’s going to be most relevant is that the victimhad a reasonable perception and a belief that the threat was real, regardless if after the event it was found that the attacker’s gun wasn’t loaded, or was a toy, for a couple of common examples of how foolish folks get shot by the Po-Po.
Keep this in mind, too. The Wolf doesn’t necessarily have to be threatening you with a gun before you’d be justified in threatening or using one on him. Big strong wolf attacking a smaller and weaker victim … great disparity in capabilities. In such a case, the smaller person might be justified in employing a firearm to avoid being maimed or killed.
Same thing with multiple attackers and a single defender.