The Illustrated Guide to Criminal Law
Chapter 15: It Was Either Him or Me
Self-Defense pg 6: Lawful Take-backs
Rico’s ranch hands watch as the cattle are led off as Rico, still tied up, explains
RICO
I don’t want you boys going to jail with me.
HAND
But they’re taking our cattle! Can’t we at least use non-deadly force to stop them?
RICO
No, boys. They’re only taking back their own cows, lawfully.
You can only use force if they’re doing it unlawfully.
HAND
Dang.
Yep. You can’t use force to stop someone from doing something lawful (retreiving their own property), to protect yourself if you began or pursued the quarrel, or to protect a third party who began or pursued the quarrel (even if you didn’t know that at the time). The last one there makes “being a white knight” awful risky…
I would expect that breaking up a fight would usually be looked upon favorably even if you had to use some force in the process, provided it wasn’t excessive.
Aren’t they also removing the evidence? By the time the sheriff arrives, it’ll be their word against Rico’s.