Self defense is a legal defense typically used by persons who have been accused of some sort of crime of violence, such as battery, assault, or even murder. The theory behind self-defense is that you have the right to protect yourself from harm. Many states have laws that govern the use of self defense as a legal defense, and your ability to use this defense may differ according to your state’s law and the facts surrounding the alleged crime.
How Self Defense Laws Work
While self defense laws vary widely from state to state, most state laws have provisions that permit persons charged with assault and battery to claim self-defense. Basically, a person who claims self-defense admits to committing the crime, but justifies his or her actions as necessary due to the imminent threat of harm by the other person(s) involved. Therefore, claiming self defense with respect to criminal charges can result in reduced charges and decreased penalties in certain situations.
Legal Self Defense
Typically, a person who is being assaulted may use any reasonable force that appears to be necessary to avoid bodily harm. In most cases, the reasonable force must be in direct proportion to the original assault; in other words, it probably would not be reasonable to fire a gun at a person who has spit on you.
Likewise, the setting of the assault may directly affect your ability to use self defense as a valid defense. For instance, if you are in your own home, and the person assaulting you is not a member of your family or otherwise an occupant of your home, you may have greater leeway in terms of acting defensively or with force toward your aggressor. In other circumstances, however, you must be careful to attempt to withdraw from the threat before any violence occurs, rather than immediately resorting to defensive actions. In some jurisdictions, this principle is referred to as “the duty to retreat.”
Self Defense and Physical Assault
Self defense is a common defense in physical assault cases. Of particular importance is the fact that in many jurisdictions, you need not wait until another person actually hits or strikes you before defending yourself. Therefore, you can act in self defense even if you struck the first blow.
The issues raised by the use of self defense typically involve whether you or the other person was the aggressor, whether your actions taken in self defense were reasonable, and whether your belief that self defense was necessary was reasonable in light of the situation.
Read more about Defense to Assault.
Self Defense and Weapons
Self defense often comes into play in cases where a person has shot and injured, or even killed, another person. If the shooter claims that he or she acted in self defense, it can create reasonable doubt as to any criminal charges brought against the shooter, and may be sufficient to result in a not guilty verdict, depending on the crime charged. This is particularly the case where the incident occurs in the shooter’s home, and the victim was not a resident of the home. As stated above, a person has the right to protect against unwanted intruders if he or she reasonably fears harm.
Read more about Gun Laws.
How a Lawyer Can Help
If you are charged with a crime of violence, but you were acting in self defense, you should immediately contact an experienced defense attorney for assistance in presenting your defense. An attorney can properly assess your claim of self defense and advise you of the likelihood of success of using this defense with respect to any pending criminal charges.
