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Cultural Preservation… with Bruises (sometimes).

Category: Self-Defense

  • Self-Defense: What’s the Prosecution’s Objective?

    Self-Defense: What’s the Prosecution’s Objective?

    Self-Defense: What’s the Prosecution’s Objective?

    Not legal advice. I’m not a lawyer or legal expert. Please consult a qualified attorney in your area for actual legal guidance. And if you haven’t yet, read Andrew Branca’s Law of Self Defense—you can even get a free copy.

    In the previous post, we covered the Five Elements of a Self-Defense Claim and how doctrines like Castle Doctrine and Stand Your Ground don’t give you a blank check (in spite of what news anchors will tell you)—they simply remove the duty to retreat, under specific conditions.

    To review, the Five Elements are:

    • Innocence
    • Imminence
    • Avoidance
    • Proportionality
    • Reasonableness

    To successfully claim self-defense, you must show—at a minimum—that each of these five elements was present during the use-of-force event. The standard isn’t beyond a reasonable doubt—it’s preponderance of the evidence (more likely than not). Fail to meet that threshold and the judge may not even allow a self-defense argument to be presented at trial.

    Once the defense is allowed to proceed, the prosecution’s job is simple:

    Disprove just one of the five elements.

    That’s it. And they’ll use every tool available to do so.

    INNOCENCE

    The prosecution may argue that you were not the innocent party—perhaps because:

    • You were armed and trained, and that “means you were looking for trouble”
    • You acted with preparation or intent, rather than in response to a real threat

    Example:
    In the Kyle Rittenhouse case, the prosecution tried to claim that merely carrying an AR-15 was provocative—essentially blaming him for making rioters feel unsafe. Fortunately, the jury didn’t buy it.

    IMMINENCE

    Prosecutors may question whether the threat was truly immediate:

    • “How did you know he was going to attack right then?”
    • “Why didn’t you wait to see if he’d actually act on his words?”

    They’ll argue that you jumped the gun. Whether someone was squared up, blocking your exit, or verbalizing threats, you’ll need to articulate those facts clearly and credibly.

    AVOIDANCE

    Avoidance is one of the most misunderstood elements.

    If you’re in a duty-to-retreat jurisdiction, the law expects you to take any available, safe way out—but only if doing so won’t expose you to grave harm.

    Examples:

    • The prosecution may claim you chose to be in a bad place—e.g., Kyle Rittenhouse “wasn’t from Kenosha.”
    • In a recent NY subway case, a homeless man defended himself against multiple attackers. Prosecutors argued he should’ve simply let himself be robbed.

    This kind of reasoning punishes people for not being victims.

    PROPORTIONALITY

    This is where prosecutors will twist the facts.

    • “He just tried to punch you.” (But he’s twice your size.)
    • “He only had a knife.” (As if a knife isn’t extremely deadly.)
    • “You used pepper spray on a guy yelling at you.” (But he was clearly escalating.)

    They’ll ignore things like:

    • Age or health disparities
    • Multiple attackers
    • Your medical vulnerabilities (e.g., on blood thinners)

    Example:
    In the Rittenhouse case, one attacker had “only a skateboard.” Yeah—reinforced hardwood with metal trucks, being swung at his head. That’s a deadly weapon.

    REASONABLENESS

    This element blends objective standards (what the average person would do) with subjective context (what you knew).

    Defense attorneys may present:

    • Your attacker’s reputation for violence
    • Your physical limitations or health status
    • Your training and experience

    Prosecutors will try to keep this evidence out. That’s why it’s important to document your training:

    • Certificates
    • Class notes
    • Dated materials you’ve sent to yourself

    All of it helps prove what you knew at the time.

    Wrapping Up

    Yeah, I’ve been a little hard on prosecutors here. That’s not accidental.

    Many prosecutors—especially those in high-profile or politically sensitive cases—will do whatever they can to score a win, regardless of the truth. And the system is structured in a way that can feel stacked against someone who acted in good faith.

    You need to understand:
    Police and prosecutors are not your friends.
    That’s where we’re headed next.

  • “Self-Defense” What’s Needed for a Proper Claim?

    “Self-Defense” What’s Needed for a Proper Claim?

    I’m not a lawyer—but I have read Andrew Branca’s book (you can get a free copy by following the link) and several others. I’m not an expert either, but this series is meant to help you start understanding legal concepts and realities so you can seek out deeper knowledge for yourself.

    Ultimately this is not legal advice, you should seek out a qualified attorney in your area and see guidance from them!

    Despite what you might see online, claiming “self-defense” isn’t as simple as saying “I feared for my life!” on the stand. In reality, it’s a minefield of legal nuance—and one misstep can change everything.

    Misconceptions and My Early Mistake

    When I first started looking into self-defense law, I ran into acronyms like IMOP:

    • Intent
    • Means
    • Opportunity
    • Preclusion

    I assumed that if I could check those boxes, I was covered. But that turned out to be an oversimplification. A kind comment (I think from Andrew Branca himself) on an old blog post of mine pointed out how tricky a self-defense claim can be in real life. That moment pushed me to dive deeper.

    The truth is, the legal system doesn’t start from a place of perfect knowledge. The responding officer almost always misunderstands what actually happened. Screaming “It was self-defense!” doesn’t help—especially when what really happened was someone’s ego (their “Monkey”) escalating things into a preventable fight.

    And let’s be honest: a career criminal might be better at looking innocent than you are at being innocent.

    Branca’s Five Elements of Self-Defense

    To navigate this legal minefield, Andrew Branca presents Five Elements of Self-Defense. These are legal standards—not gut feelings—and learning them helps you understand when and how self-defense can be properly claimed:

    1. Innocence
    2. Imminence
    3. Avoidance
    4. Proportionality
    5. Reasonableness

    Each of these words has a specific legal definition that doesn’t always match the casual way we use them in conversation. Let’s walk through each one.

    1. Innocence

    Were you the one who started the fight? Were you where you had a legal right to be?

    If you’re engaging in threatening behavior—like squaring up aggressively, posturing, or hurling insults—you may lose your claim to innocence. There’s a legal concept called “Fighting Words”: if you provoke someone and they respond violently, the law may say you’re the aggressor.

    2. Imminence

    Imminence is about timing.

    Was the threat right there, right then? Did they have the means and opportunity to carry out the threat immediately? Or was it more like “I’ll come back later!”

    Example:
    At a lacrosse game, an opposing player slashed a teammate of my brother. The player’s mom got angry and yelled at the coach, eventually threatening:
    “Do you want me to get a baseball bat and beat the crap out of you?!”

    Police were called. The officer asked if she had a bat. She didn’t. She’d have to go get one, come back, and then follow through. Since there was no imminent threat, no charges were filed.

    3. Avoidance

    Did you have a safe way to leave?

    In many places, there’s a duty to retreat before using force, especially deadly force. The exceptions to this rule are legal doctrines like:

    • Castle Doctrine (no duty to retreat in your own home)
    • Stand Your Ground (no duty to retreat in public, under specific conditions)

    Important note: these doctrines only relieve you of the duty to retreat—they don’t override the other four elements.

    In some states, you may even have access to a Stand Your Ground hearing—a pre-trial hearing where a judge decides if the evidence supports your self-defense claim enough to block criminal charges or civil lawsuits.

    4. Proportionality

    Your response must match the level of threat.

    If someone shoves you, that doesn’t give you the right to shoot them. But if someone comes at you with a knife, deadly force may be justified.

    Context matters:

    • A 5’3”, 105 lb woman being attacked by a 6’5”, 300 lb man may reasonably fear for her life even without a weapon being involved.
    • The same goes for multiple attackers—even if none of them are armed.

    This is called disparity of force, and it’s a key part of understanding proportionality.

    5. Reasonableness

    Would a “reasonable person” act the same way in your shoes?

    That’s the million-dollar question, and it’s what jurors are asked to consider. Of course, jurors don’t know everything you did at the time. That’s why the defense must present:

    • Prior history with the attacker
    • Their reputation
    • Any weapons present
    • Training, physical limitations, or awareness on your part
    • Distance and threat potential (e.g., knife at 10 feet)

    The court weighs both subjective knowledge (what you knew) and objective standards (how a reasonable person would respond). Just saying “I was afraid” doesn’t cut it. You need to be able to explain why your fear was reasonable.

    Wrapping Up

    This was a denser post than usual—and with good reason. Self-defense law is full of complexity and myth. What we’ve covered here is from the defense’s perspective—what you need to justify your actions.

    But self-defense claims don’t exist in a vacuum.

    In the next post, we’ll talk about the prosecution—how they think, what they look for, and how they’ll try to dismantle your self-defense claim.

  • The Smart Monkey

    The Smart Monkey

    Prepared, Not Violent – Part VII

    I was listening to a podcast hosted by Colion Noir where he interviewed a defense attorney with experience in self-defense cases involving firearms. Around the 40-minute mark, the attorney mentioned advice he gave to his son: avoid ego-driven conflicts.

    The advice boiled down to this: when dealing with a “typical jerk,” don’t escalate. Instead, offer a sincere apology—even if you feel wronged.

    That idea reminded me of something from Rory Miller’s work—either Facing Violence or Conflict Communication. He talks about the “Smart Monkey,” a concept rooted in the Triune Brain Theory of human evolution.

    According to this model, the brain evolved in three layers:

    • The Lizard – The medulla oblongata, responsible for survival instincts
    • The Monkey – The amygdala, concerned with tribal identity, emotion, and social behavior
    • The Human – The neocortex, home of logic, language, creativity, and reason

    Most interpersonal conflict—especially social aggression—happens at the Monkey level. As we’ve discussed in earlier entries, that’s because The Monkey lives in the world of emotion, ego, and social status.

    When someone violates The Monkey’s rules, it screams for satisfaction. This looks like insults, chest-thumping, and other forms of ego posturing—basically, flinging metaphorical feces. And if both monkeys keep flinging, things tend to escalate… until someone throws a punch.

    The problem is that outside a controlled environment (like a dojo or training gym), violence is illegal, no matter how ritualized it feels in the moment.

    Even worse, if you’re dealing with someone who has real experience with violence—especially criminal violence—they may not follow the same “rules” your monkey expects. They might skip the yelling phase entirely and go straight to weapons or a brutal preemptive strike.

    So… what do we do?

    As we’ve mentioned in earlier posts, the most reliable tool for de-escalation is a sincere apology.

    But here’s the hard part:
    Your monkey does not want to apologize.
    It wants to emotionally punish the other person. It wants to dominate. It wants to win.

    And the pull is powerful.

    Enter: The Smart Monkey

    The Smart Monkey knows how to manage these emotions.

    You’re not “giving in.” You’re soothing your own ego by choosing strategy over impulse.

    You can tell your monkey:

    “Yes, that guy was a jerk. But you’re smarter. You just outmaneuvered him. You got out safe, and he’ll be the one still raging at the air while you’re enjoying your evening.”

    Apologize. De-escalate. Walk away.
    Maybe even buy the jerk a beer.

    Not because he deserves it…
    …but because you deserve to survive.

  • The Motivations for Violence

    The Motivations for Violence

    Prepared, Not Violent is an ongoing series from Eye Square Martial Arts exploring how martial artists can understand, avoid, and prepare for real-world violence—without becoming consumed by it.

    This is Part V: The Motivations for Violence

    At first glance, the motivations behind violence can seem random—chaotic events with no logic behind them. But the truth is: violence always has a reason, even if the victim is unrelated to the perpetrator.

    One useful framework for understanding these reasons comes from Maslow’s Hierarchy of Needs. From this model, we can break violence down into three primary categories:

    1. Survival / Resource-Based Violence
    2. Social Cohesion Violence
    3. Self-Actualized Violence

    🥖 Survival / Resources

    The lowest levels of Maslow’s pyramid include:

    • Physiological needs (breathing, food, water)
    • Safety needs (shelter, predictability, physical security)

    Violence motivated by survival often comes from desperation—especially when addiction is involved. A mugger isn’t typically trying to feed their starving family (despite popular media tropes); they’re often feeding an addiction.

    Important note:
    Withdrawals from substances—especially alcohol—can be lethal. Alcohol is one of the most dangerous and violence-associated substances in the world. People in the grip of addiction can become unpredictable, desperate, and, in a very real sense, possessed.

    This type of violence is often patterned and predictable:

    • The mugger selects known “hunting grounds”
    • They use routine tactics to maximize success
    • Creating a reactionary gap (e.g., throwing a wallet one direction and fleeing another) can help you escape

    🧑‍🤝‍🧑 Social Cohesion

    Maslow’s mid-level needs are:

    • Belonging
    • Esteem

    These are the layers where most Westerners encounter violence. It’s tribal—about status, respect, and group belonging.

    Violence at this level is usually “on script.” People are defending perceived status, correcting rule violations, or asserting dominance.

    Examples:

    • A sincere, non-weasel-worded apology can defuse a tense social encounter.
    • Smaller individuals may provoke larger ones—if they lose, it’s expected; if they win, the social payoff is large.
    • Much of female-on-female aggression at this level manifests as social exclusion or reputation destruction.

    This is the arena of honor culture violence, bar fights, and public confrontations. The motives are understandable—even predictable—when you understand the rules of the group or environment.

    Recommended resources:

    🧠 Self-Actualization

    At the top of Maslow’s hierarchy is self-actualization—doing something simply because you want to, not because you have to.

    Normally, this is seen as a positive goal: becoming a great artist, helping others, or exploring your full potential.

    But the dark side of self-actualization is choosing to do terrible things just because you enjoy them. This is the realm of:

    • Serial killers
    • Sexual predators
    • Power-seekers who inflict pain and suffering because it satisfies something within them

    These individuals aren’t driven by need or status—they’re fulfilled by violence itself. This is rare, but it’s important to recognize it as its own category.

    🎯 Final Thoughts

    Understanding the motivations behind violence won’t make you immune to it—but it will help you recognize patterns, de-escalate where possible, and respond with the right mindset and tools.

    Not all violence is personal. But all violence is purposeful.

  • The Self-Protection Toolbox: Why Self-Defense Isn’t Just Fighting

    The Self-Protection Toolbox: Why Self-Defense Isn’t Just Fighting

    When I first started martial arts, I was a young man with borderline-high blood pressure and very little understanding of what violence actually looked like. The school I joined had a section of its curriculum labeled “Self-Defense Techniques,” and being the naïve student I was, I assumed that because I was learning martial arts, I was learning self-defense.

    Fast forward about ten years, and I came across Meditations on Violence by Rory Miller. That book hit me like a freight train. It forced me to reckon with the fact that I knew next to nothing about real self-defense—let alone the broader and more accurate concept of self-protection (a term that reaches far beyond just physical skills, and yes, self-defense is a legal term, not a tactical one).

    As I’ve explored in previous parts of this series, protecting yourself and others is about much more than knowing how to throw a punch.

    At the highest level, it begins with mindset:

    • Understanding why and where violence happens
    • Knowing what you’re willing to die for—or go to prison for

    Below that, you have conduct—how you move through the world:

    • The way you dress
    • What tools or gear you carry
    • How you carry yourself
    • Your ability to maintain awareness
    • Your willingness to enforce your boundaries

    With the right mindset and conduct, you can avoid the vast majority of violent situations. Most predators look for easy targets. If you don’t make yourself one, they’ll likely move on.

    But avoidance isn’t always possible. When conflict still arises, that’s when specific skillsets come into play:

    • Situational awareness
    • Emotional regulation (especially under stress)
    • Interpersonal skills and de-escalation tactics

    And only when all else fails do we fall back on physical force. Even then, it’s not just about “winning”—you also have to navigate the legal aftermath of a violent encounter.

    One of the cruel ironies of self-protection is this:

    The simpler the tool, the more often it’s needed.
    The more complex the skill, the less likely you’ll use it.

    It takes just a few seconds to think about how you dress and present yourself. But building the physical and emotional skills to handle a violent encounter might take years. And understanding the legal landscape? That could take a lifetime.

    This series exists to help you build a complete toolbox—mental, emotional, physical, and legal—for self-protection. Because being prepared doesn’t mean being violent.

    It means being ready.

    Want to build your own self-protection toolbox? Start with Part I: Flipping the Switch.

  • Where Violence Happens

    Where Violence Happens

    Prepared, Not Violent is an ongoing series from Eye Square Martial Arts exploring how martial artists can understand, avoid, and prepare for real-world violence—without becoming consumed by it.

    This is Part II: Where Violence Happens

    I used to think violence just… happened. Random. Unpredictable. But as I’ve grown in my understanding of human behavior—and thanks to some great sources like Rory Miller—I’ve realized there’s often a pattern.

    Some of what Miller lays out is so head-slappingly obvious in hindsight, I’ve literally muttered to myself, “Well duh, Brandon.”

    “Best defense: not be there.”
    — Mr. Miyagi

    Here’s a concept worth drilling into:
    There are five common environments where violence tends to occur. Understanding these can help you avoid trouble before it starts.

    1. Places Where Minds Are Altered

    Alcohol, drugs, and adrenaline all change how people behave—and not for the better. Bars, clubs, house parties… all ripe for interpersonal conflict. A high percentage of violent incidents involve intoxication. Impaired judgment makes stupid decisions easier.

    2. Places Where Young Men Gather

    Statistically, most violent crime is committed by men under 24. Testosterone, ego, peer pressure—it’s a cocktail that doesn’t need much to go sideways. A big group of young guys with something to prove is a red flag.

    3. Territories in Dispute

    This can be literal—gang boundaries, disputed land—or symbolic, like sports rivalries. “My team’s better than yours!” often escalates into “Hold my beer.” The tribal instinct runs deep, and perceived threats to identity or territory can trigger violence fast.

    4. Places Where You Don’t Know the Rules

    Every subculture has unspoken rules. Walk into a biker bar acting like a frat king? Bad move. The social dynamics might be invisible to you, but that doesn’t mean they don’t exist—or that you won’t pay the price for breaking them.

    5. Places Without Witnesses

    Nature might be beautiful, but it’s also brutal. A lot of assaults happen on isolated trails, in remote parks, or just off busy streets—alleys, parking structures, stairwells. Predators prefer places where no one’s watching. So should you—just in the opposite way.

    You can stack these danger zones, too.

    Take a college football game where a rival team is in town. You’ve got:

    • A huge crowd of young men,
    • Drinking like fish (minds altered),
    • Defending their team’s honor (territory),
    • Visiting unfamiliar bars (rule confusion),
    • And dark parking lots nearby (no witnesses).

    Congratulations. That’s a violence cocktail with a twist of regret.

    When you’re trying to keep yourself and your people safe, where you are matters just as much as who you are.

    Yeah, it sounds obvious. But Western society likes to sell us the idea that we should feel safe anywhere, all the time.

    And sure, that’s a nice thought. But reality?

    Reality is waiting to high-five your face… with a 2×4.