I understand that you feel there is a distinction, but there isn't a substantive difference. A persons thoughts distinguish between criminality and non-criminality.

One of the most fundamental rights is a right of interpretation. If a person perceives themselves to been a risk of harm they have a right to commit otherwise criminal acts. The only reason they aren't deemed criminal is their state of mind and what they thought of the situation.

https://en.wikipedia.org/wiki/Right_of_self-defense