I’ll add that to the Ask an Attorney list for this next webinar - not sure if they’ll get to it.
Here’s what I’m thinking - if I have a way out, I’m gone! It’s much safer to get away than to re-engage. HOWEVER, if I have a way out, but my children don’t, you’d better believe I’ll be staying put and reengage if needed.
And don’t forget, there’s fight, there’s flight, and unfortunately, there’s freeze. Some people may defend themselves and then freeze during a lull. Your mind will be on overload and adrenaline will be coursing through your body. If you don’t leave during that lull and have to continue to defend yourself, that won’t necessarily make you a willing participant. The reasonable person test will be used in a lot of cases to determine if what you did was self-defense.
As far as 85% of self-defense claims lose in court, that wouldn’t surprise me. Look at all of the times people claim self-defense when it wasn’t really self-defense or the claim was very questionable (Check out the articles posted in the Community - not all of those articles about self-defense claims were self-defense. (Here’s just one example: Is it self defense against a knife attack?)
Someone who murdered another person isn’t going to care that they’re lying and possibly committing purgery.
Anyone can claim self-defense - even people who killed someone with premeditation - that’s why so many real self-defense situations are questioned in court.