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  1. #1
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    May 2016
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    Default Defenses to Attacking Somebody With a Knife

    My question involves criminal law for the state of: Misssouri
    i was curious as to what all if any cases someone would be well within their rights to using a knife or any weapon on another person say if the victim happened to come set foot on my property, make threats and possibly walk in my household without my permission and their soul purpose on entering my dwelling is to cause bodily harm.

  2. #2
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    Default Re: Laws on Rightfully Using a Knife to Cut Someone

    People setting foot on your property, walking into your house and making random threats of an unknown nature are not legally valid excuses for you to stab them. Your only legal means of getting away with stabbing this person is as prevention of (your) bodily harm - and that would only be legal if said bodily harm was likely to result in your death. And you would need more than an instinctual knowledge of said potential death as a result of bodily harm, you would need good solid evidence that you will die if you don't stab the person.

  3. #3
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    Default Re: Laws on Rightfully Using a Knife to Cut Someone

    The only lawful reason for you to use a knife or any other weapon reasonably likely to inflict serious bodily harm would be in self defense or in defense of another who was being subjected to force and reasonably likely suffer serious bodily harm or death. Under what circumstances self defense will be a valid defense varies by state. I don’t know if Missouri has a “castle” law or requires an assault victim to attempt retreat before using deadly force in self defense. But, except in the most clear cut circumstances, if you stab or cut someone, you should be prepared to be arrested and charged. Self defense is an affirmative defense, but the burden of proof will be on you to show that your actions were reasonable during your trial.

    I suggest that locking your doors and otherwise avoiding the confrontation in the first place is much less risky to your future health and freedom.

  4. #4
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    Apr 2016
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    Default Re: Laws on Rightfully Using a Knife to Cut Someone

    Missouri DOES have a "Castle Doctrine" adopted in 2007. It states that "A person does not have a duty to retreat from a dwelling, residence, or vehicle where the person is not unlawfully entering or unlawfully remaining." OP, you are allowed to defend yourself. Forget the law for a second - if it's you or him, you defend yourself. Someone yelling at you from the edge of your yard does not constitute an immediate and deadly threat. If he is charging you saying he will kill you, he is now a threat that needs to be dealt with. If an actor decides to force entry into your home, you have the right to defend yourself. In general, if you are able to remove yourself from a situation that could escalate to violence, you are best to do so. You do not have to remove yourself from your home, residence, or vehicle, however. The bottom line is you will know if you are in immediate danger of bodily harm. If you are, defend yourself. If you are not, don't. You are well within your rights to defend yourself if you believe that not doing so would result in injury or death for yourself.

    Here is a link to the full document pertaining to Missouri's Castle Doctrine: http://www.learntocarry.com/docs/CastleDoctrine.html

  5. #5
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    Mar 2013
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    Default Re: Laws on Rightfully Using a Knife to Cut Someone

    Quote Quoting darkhorse
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    My question involves criminal law for the state of: Misssouri
    i was curious as to what all if any cases someone would be well within their rights to using a knife or any weapon on another person say if the victim happened to come set foot on my property, make threats and possibly walk in my household without my permission and their soul purpose on entering my dwelling is to cause bodily harm.
    What lettuce_head posted was the 2007 senate bill. It was enacted with some differences in wording so you'd best read the current law (as of 2015):

    http://law.justia.com/codes/missouri...ction-563.031/

    There are also other laws addressing justification. Note that there will be some changes to some of them as of 1/1/2017.

    http://law.justia.com/codes/missouri...i/chapter-563/

    Despite what you read about the "castle doctrine" there is nothing simple about it. It's not necessarily what the statute says that's important, it's how the court applies it to any given set of circumstances that counts.

    There are several case decisions dates subsequent to 2007 that address the 2007 changes in the statutes:

    http://scholar.google.com/scholar?q=...&as_sdt=4%2C26

    I suggest you read them carefully as

    set foot on my property, make threats and possibly walk in my household without my permission and their soul purpose on entering my dwelling is to cause bodily harm.
    Might fall a bit short of an appropriate defense unless he is armed and/or making a move on you.

    And if you could have locked your door to keep him out, that could also be a factor that could work against you.

  6. #6
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    Apr 2016
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    15

    Default Re: Laws on Rightfully Using a Knife to Cut Someone

    As a rule of thumb (when I took a self defense course for firearms), you should exhaust EVERY other option first before you take another's life in self defense. If you can do absolutely anything to get out of the situation, you should do so. If there are no available options, and not acting would cause you harm, then you do what you need to do to self preserve. Castle Doctrine simply means that in your home, you are not legally required to exercise a different way of survival (i.e. running). Does the threat have the ability to cause actual harm?

    1) Ability. Does the person deemed to be a threat possess the ability or power to kill or maim? This does not require an actual weapon to be present. Disparity of force also plays in. I.E. you are alone and 4 men approach you and say they are going to kill you. Even though no weapons are present, it's 4 on 1.

    2) Opportunity. Does the person deemed to be a threat have the opportunity and capability to immediately employ his power to kill or maim? A person yelling at you from across the street doesn't pose an immediate threat. You can still escape.

    3) Jeopardy. The person deemed to be a threat must be acting in such a manner than a reasonable and prudent person would conclude beyond a reasonable doubt that his intent is to kill or maim.

    Here is a great video that will give you a better understanding of when it is justifiable to take the life of another. https://www.youtube.com/watch?v=m7sbHfBg92w

    And another video on Castle Doctrine and Stand Your Ground. Skip to about 30 minutes for the meat and potatoes. https://www.youtube.com/watch?v=lPEEeOFSnxE

  7. #7

    Default Re: Laws on Rightfully Using a Knife to Cut Someone

    The only time that this wouldn't be a crime would be if you were being physically attacked by someone that had the intent to kill (e.g. he also had a knife or gun, he was choking you, etc.) Self defense laws do not apply to threats or trespassing.

  8. #8
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    Mar 2013
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    Default Re: Laws on Rightfully Using a Knife to Cut Someone

    Quote Quoting Steve418
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    The only time that this wouldn't be a crime would be if you were being physically attacked by someone that had the intent to kill (e.g. he also had a knife or gun, he was choking you, etc.) Self defense laws do not apply to threats or trespassing.
    Couldn't be further from the truth, Steve. Did you read any of the material provided by posters in this thread?

    Please do so and educate yourself to how justification works.

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