What is Self-Defense?
A person accused of assaulting or murdering someone can claim self defense if she reasonably believed she was protecting herself from an attack or assault. Persons charged with crimes of violence, such as battery assault, and murder, often raise this defense. In asserting self-defense, the accused admits to committing the crime, but claims that her actions were justified due to the physical threat of the other person.When Is Self-Defense Justified?
Self-Defense is justified when the person claiming self-defense: - Was physically attacked by another (the attack must be physical, offensive words alone are not enough)
- Did not attack the other person first
- Did not use more force than was reasonably necessary to avoid further injury
Sometimes a claim of self-defense doesn't even require that you be attacked. You merely have to show that you reasonably believed you were about to be harmed. When is Self-Defense Not Justified?
Even when being attacked, there are certain circumstances under which a person should not defend himself: - Unreasonable or excessive force in response to an attack is not self-defense
- In some states, you are required to withdraw from or escape the situation before you can defend yourself
- You cannot claim self-defense if you started the fight
Do I Need an Lawyerto Claim Self-Defense?
A criminal defense lawyer will know the laws in your state and exactly when self-defense is allowable. A criminal defense attorney can help mount a defense against criminal charges and develop your claim of self-defense. |
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