Imperfect Self Defense

This post will mainly be about a concept called imperfect self-defense, but to understand it requires an understanding of traditional self-defense.  And to understand self-defense requires an understanding of the differences when one is confronted with deadly force and nondeadly force.

A person not at fault may use such force as the person reasonably believes is necessary to protect himself from the imminent use of unlawful force against that person. If the person is not threatened with deadly force, then deadly force cannot be used as a means of protection. There is no duty to attempt to retreat prior to using nondeadly force for self defense.

In contrast, a person can use deadly force if the person without fault is confronted with unlawful force and reasonably believes that there is an imminent threat of death or great bodily harm. Generally, there is no duty to retreat before using deadly force to protect yourself. A minority view does require an attempt to retreat before using deadly force but not if the attack occurs in the home or if the attack occurs while making an arrest or during the commission of a robbery.

To be clear, traditional self defense using deadly force requires a reasonable belief that death or great bodily harm is imminent. And so what should result if you have an honest belief that such a threat exists, but objectively that belief is not reasonable?

Imperfect self defense is recognized in some states. Under this doctrine, a defense can exist even if the belief as to the threat is not deemed objectively reasonable or if the person claiming the defense was the original aggressor.  Specifically, imperfect self defense is allowable if the defendant was at fault in starting the altercation or if the defendant unreasonably but honestly believed in the necessity of responding with deadly force.

The practical differences between self defense and imperfect self defense are important as well. If one proves self defense, then that will be a complete defense to the crime charged. In other words, the person will be deemed not guilty. But imperfect self-defense doesn't reach so far.  Imperfect self defense could lead to a conviction of voluntary manslaughter rather than murder, but it will not completely exonerate someone.