Even if you’re not the first aggressor, you can forfeit your self-defense claim if you do something to provoke the fight. If you escalate a confrontation with taunts, threats, or aggressive behavior, a prosecutor may argue that you instigated the resulting physical conflict. Even if the other person throws the first blow, your role as a provocateur can undermine your legal defense. Self-defense is about avoiding conflict, not inviting it.
Lesson 11: Podcast
Don West and Steve Moses join Shawn Vincent to unpack provocation - when a defender baits a potential attacker into...
Lesson 11: Expert Review
Even if you’re not the first aggressor, you can forfeit your self-defense claim if you do something to provoke the...
Gerald Strebendt Case Brief
By: Shawn Vincent On the evening of January 29, 2014, Gerald Strebendt shot and killed David Crofut on the Bob Straub...
Markus Kaarma Case Brief
By: Shawn Vincent Markus Kaarma, a homeowner in Missoula, Montana, shot and killed an intruder in his garage shortly...
