Understanding Self-Defense Laws in Criminal Cases
Key Takeaways:
- Self-defense is only justified when you or someone near you are facing imminent and immediate danger.
- If you’re being physically harmed or believe that you are about you’re about to be harmed, and there’s no way to escape, then using force to defend yourself might be justified.
- States have different standards for justified self-defense, including being able to stand your ground versus having a duty to retreat.
Under the right circumstances, self-defense can be a defense against many criminal charges. Self-defense is a legal way to use physical force to protect yourself or someone else from physical harm.
There are specific circumstances that permit claims of self-defense in criminal cases. There are also many limitations to the defense. If you have been charged with a crime and believe that self-defense might be a suitable defense for you, you should contact a criminal defense attorney. They will assess your case, strategize appropriately, and determine how best to use self-defense arguments in your case.
When Is Self-Defense Justified?
Whether self-defense was justified will always depend on the circumstances of the case. How justified were you in believing you were about to be harmed? Were there any alternatives or escape routes?
In criminal law, self-defense is only justified when you are facing imminent and immediate danger. Self-defense is not an excuse to exact revenge on someone else later. If you’re being physically harmed or believe that you are about you’re about to be harmed, and there’s no way to escape, then using force to defend yourself might be justified.
What Are the Different Types of Self-Defense?
States across the U.S. use different standards for what is an acceptable form of self-defense or a justified use of lethal force. Your criminal defense lawyer should be experienced in making arguments directly related to your state’s specific self-defense laws.
- Stand your ground: This means that you do not have to try to escape or find some alternate method to diffuse the situation before you use force to defend yourself. Some states will limit this to defending your own home.
- Duty to retreat: Other states’ laws require you to try to escape the threat of harm before you defend yourself using force.
- Defense of others: The same rules regarding the immediacy of the danger, the reasonableness of the fear, and the balance of the amount of force apply to defending someone else.
- Defense of property: Some states allow you to use force to defend your home or your property. Rules and limitations of this use of self-defense will vary from state to state and will really depend on the circumstances. But the same principles regarding balance and reasonableness generally apply.
How To Prove Self-Defense in a Criminal Case
Your criminal defense lawyer will need to prove the elements of self-defense for a judge or a jury to believe it. These elements include:
- Immediate threat of harm: This must be a threat of instant and serious bodily harm or serious bodily injury. The danger against which you defend yourself must be happening right now, not sometime before, sometime after, or in advance of something you anticipate might happen.
- Reasonable fear: The fear of harm must be a reasonable belief that you are about to face bodily harm. That is to say that any reasonable person in the same situation would also feel scared and believe that they would need to defend themselves.
- Proportionate response: The amount of force you use to defend yourself has to be equal to or near equal to the amount of force of the threat. In other words, the amount of force must be reasonable force and must be required to stop the imminent threat. For example, someone pushing you does not warrant the use of deadly force.
What Are the Consequences of Using Excessive Force in Self-Defense?
The criminal justice system and the law only protect reasonable self-defense. A successful claim of self-defense is far more challenging to make believable if you used more force than necessary. Even if the other two elements suggest the use of self-defense was justified – if you reacted with too much force, you could face criminal charges for the resulting injuries you caused the person who posed the threat. To avoid being charged with a crime when acting in self-defense, consider the following:
- Never start a fight or be the initial aggressor or the source of the original threat.
- Stop using force as soon as the threat is over.
- Call the police as soon as it’s safe.
- Familiarize yourself with the self-defense laws in your home state.
Get an Attorney’s Help
You have the legal right to defend yourself in certain situations. But it is a right that also requires a great deal of responsibility. If you are facing criminal charges and believe that self-defense might be a usable defense for you, talk to an experienced criminal defense lawyer as soon as possible. They will assess your situation, give you advice specific to your situation, and help you defend your actions in court or in plea deal negotiations.
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