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KRS 503.010
The Definitions section of the statute set the stage for using
Justification as a defense. Notice that in defining deadly
physical force that Kentucky does not specifically set out what the threat of
"serious physical injuries" are. Attorneys may claim that any injury is a
serious physical injury. Only a crippling injury should qualify for the
use of deadly force.
Kentucky does not use immediate danger. In defending
yourself it is no necessary to wait until the person has struck. This is
too late. Instead you do not have to wait until after you are
assaulted when the assault is about to happen. Prosecutors will often use
the term immediate to attempt to require a Defendant to wait until after he is
attacked. Notice that Imminent is used in the statute and not
immediate danger there is a substantial difference. Also together
with KRS 505.050 the statutes in Kentucky strongly allows women to use self
defense when there is a history of complaints of abuse and this establishes a
presumption of a reasonable belief.
The
most important section of KRS 503.010 are:
(1) "Deadly physical force" means force which is used with the purpose of
causing death or serious physical injury or which the defendant knows to create
a substantial risk of causing death or serious physical injury
(3) "Imminent" means impending danger and in the context of domestic violence
and abuse (as defined by KRS 403.720) belief that danger is imminent can be
inferred from a past pattern or repeated physical abuse.
Also defined are
Dwelling, Physical Force, Residence and vehicle.
Link to
K.R.S.
503.010
Every situation is different this is for
information only and this is not legal advice.
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