Is there any sort of special outcome or difference with your right of self-defense if it is daytime or nighttime? All things being equal, the same facts involved, it shouldn’t matter, daytime versus nighttime. It still goes into that totality of the circumstances evaluation. That comes down to, under the totality of the circumstances, is it reasonable for you to fear imminent serious bodily injury, death, kidnapping, or sexual assault? It gets a little amorphous because of the totality of the circumstances.
Does it factor into night depending upon other factors that are involved (for example, someone who comes into your house at three o’clock in the morning)? They probably mean some pretty serious business. Can it be a mistaken type of situation with a college drunk kid? Sure. But, it comes down to what you knew and believed them to be at the time you had to make that critical decision for that critical incident that’s in front of you.
Day versus night time doesn’t matter in terms of the overall justification, but it is a factor to consider under the totality of the circumstances along with everything.
If you have any questions, call U.S. LawShield and ask to speak to an Independent Program Attorney today.
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