S2E8 - Gets away with murder?
I think it would be first degree murder right there. While he was remembering the D'k Tahg in the small case, he did go back to it with the intent to use it because General Dak'Rah wouldn't stop harassing him.
Seeing how he had the edge in CQC and was considered one of the best, he could've easily overpowered the old aging reformed ex-General on a walking stick. The episode just ends with him going back to his duties without any tribunal held.
In the real world, you are given the ability to defend yourself with equal force less you be charged unless doing so (unless you live in a state where Castle Doctrine takes precedence).