Condition 2: Reasonable and Honest Belief of Danger
Second, the defendant must prove that, at the time, he had a real belief that he was in immediate danger of death or great bodily harm and that his use of deadly force was the only way to escape that danger.
Bear in mind
that deadly force may only be used to protect against serious bodily harm or death.
The key word is
serious.
In deciding whether the bodily harm was serious, the judge or jury can consider how the victim attacked the defendant, any weapon the victim had, and how he used it against the defendant.
Minor bruises or bumps from a scuffle probably do not meet the legal definition of “serious.”
In court cases, rape has been determined to be serious bodily harm, as has being attacked with scissors. Serious bodily harm may also result from being struck with an
object that can cause damage, such as a
baseball bat or a wooden club.
Important is the defendant’s belief that he is in immediate serious danger. The defendant’s belief must be reasonable, it cannot be purely speculative. In deciding if the belief was reasonable and honest, the judge or jury will envision themselves standing in the defendant’s shoes and consider his physical characteristics, emotional state, mental status, knowledge, the victim’s actions, words and all other facts regarding the encounter. The victim must have acted in a threatening manner. Words alone, regardless of how abusive or provoking, or threats of future harm (“I’m going to kill you tomorrow”) do not justify the use of deadly force.