Q: Can I use martial arts on the street to defend myself if attacked in new Mexico?
A:
In New Mexico, you have the right to defend yourself if you are attacked, but there are important legal considerations to keep in mind:
Self-defense laws: New Mexico follows the "stand your ground" principle, which means you do not have a duty to retreat before using force to defend yourself if you are legally present in a place. However, the force used must be proportional to the threat faced.
Reasonable force: You can only use the amount of force that a reasonable person would deem necessary to prevent the attack. If you use excessive force, you could face criminal charges.
Imminent threat: Self-defense only applies when you are facing an imminent threat of unlawful force. You cannot claim self-defense if the threat has passed or if you are the initial aggressor.
Martial arts: If you are trained in martial arts and use your skills to defend yourself in a proportional and reasonable manner, it can be considered a form of self-defense. However, the same rules apply as with any other form of self-defense.
It is important to remember that even if you act in self-defense, you may still face legal scrutiny. It is always best to avoid confrontations when possible and only use force as a last resort. If you are involved in a self-defense situation, it is advisable to contact a criminal defense attorney to protect your rights.
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