The Defense of Self-Defense

Self-Defense

Perhaps the first defense any defendant uses when faced with any violent crime is self-defense.  It is no surprise also that self-defense is one of the major defenses used by defense counsel when defending their client, in large part because a valid self-defense claim justifies an acquittal.  Self-defense can be argued in most types of violent crimes, including battery, assault, manslaughter, domestic violence, as well as first or second degree murder.  Here are some common questions defendants ask in dealing with self-defense:

How Much Force is allowed?

A person without fault may use such force as reasonably as reasonably appears necessary to protect herself from imminent use of unlawful force upon herself.  The force must be responsive and symmetrical to the attack.  Furthermore, you may never use deadly force to protect property no matter how valuable the property may be.

What if I hit them first?

Even if you struck another individual first, a defendant may still use the theory of self-defense if a REASONABLE person would believe that physical harm is imminent.  It is unnecessary to be actually attacked in order to use self-defense.  Again, the theories of how much force, as discussed above, still applies.

Who has the burden of proof?

As with any criminal proceeding, the prosecution is required to offer evidence against a defendant in order for that defendant to be charged with a crime.  This theory additionally holds true in the case of self-defense.  When a defendant offers self-defense, the prosecution must prove BEYOND A REASONABLE DOUBT that the defendant’s use of force was not justified.  In other words, the burden of proof lies with the prosecution.

As with any criminal proceeding, it is essential that every defendant procure a competent criminal law attorney or criminal law firm to fight their case.