Also known as: initial aggressors · first aggressor
Written by attorneys · grounded in primary & secondary sources — see below
A person who initiates physical aggression or otherwise precipitates a conflict. The initial aggressor generally forfeits the right to claim self-defense unless the person clearly withdraws and communicates that withdrawal.
Ines Ibarra stood trial for homicide after she stabbed Iain Irons during an argument. The defense introduced evidence that Irons had a reputation for starting fights. The prosecutor then called witnesses who testified that Irons was known for being peaceful. The evidence was admitted to rebut the claim that Irons was the initial aggressor.
Isaiah Ishikawa and Ike Ingram argued inside their shared warehouse office. Ishikawa shoved Ingram first and then advanced with a raised tool. Ingram drew a knife and stabbed Ishikawa. Because Ishikawa was the initial aggressor in the workplace, he could not claim the no-retreat privilege and his self-defense claim failed.
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Irene Ingalls killed her husband after years of abuse. She testified that he had initiated the final confrontation by threatening her with a weapon. The court held that Ingalls was not the initial aggressor and therefore could assert perfect self-defense.
Ira Irving boarded a subway car and confronted several youths. After words were exchanged, Irving drew a gun and fired. The court ruled that Irving became the initial aggressor by escalating the encounter and therefore could not claim self-defense.
A person qualifies as the initial aggressor by striking the first blow or otherwise starting the physical conflict. Verbal provocation alone usually does not suffice. Once a person is labeled the initial aggressor, that person generally loses the right to claim self-defense unless the person withdraws and communicates the withdrawal.
An initial aggressor may regain the right to self-defense by clearly withdrawing from the encounter and communicating that withdrawal to the other party. If the other party continues the attack after the withdrawal, the original aggressor may then use force in self-defense. Courts examine whether the withdrawal was obvious and whether the other party perceived it.
A person generally need not retreat from a workplace before using force unless the person was the initial aggressor. When the actor is the initial aggressor, the no-retreat exception disappears and the duty to retreat applies even inside the workplace. The rule treats the workplace exception as unavailable to the person who started the conflict.
In a homicide prosecution the state may introduce evidence of the victim's peaceful character once the defense has offered evidence that the victim was the first aggressor. The evidence rebuts the inference that the victim started the fatal encounter. This exception is limited to homicide cases and applies only after the defense opens the door.
…Subdivision (1) contains certain exceptions to this general authorization to use force, such as where the actor himself was the initial aggressor. [^maj-4]: Section 35.15 (2) (a) further provides, however, that even under these circumstances a person ordinarily must retreat “if he knows that he can with complete safety as to himself…