If you are facing criminal charges and believe that you acted in self-defense, it’s important to understand how to prepare for your defense strategy. Below, we go over the key elements of a self-defense argument and what you need to know to make your case in court.
The Legal Definition of Self-Defense
In the United States, the legal definition of self-defense is the use of reasonable force to protect oneself from the imminent threat of bodily harm. It is important to note that self-defense is only legal if the force used is deemed to be reasonable.
To determine if self-defense was, in fact, reasonable, courts will consider the severity of the threat, whether the defender had time to retreat, and if there were any other options available.
What Is an Imminent Threat?
An imminent threat is a real and immediate danger that is about to happen. It is not enough that someone simply makes you feel scared or uneasy – there must be a clear and present danger of bodily harm. This can be difficult to prove, which is why it’s important to have as much evidence as possible if you plan on using self-defense as a criminal defense strategy.
Was the Fear Reasonable?
The fear must be reasonable under the circumstances – meaning that a “reasonable person” in your same position would have also felt threatened by the same situation. Courts will consider all relevant factors when making this determination, such as the severity of the attack, whether you had time to retreat, and whether you were outnumbered or outmatched by your attacker.
Did You Use Proportional Force?
The amount of force you use in self-defense must be proportional to the amount of force being used against you. This means that if someone is only punching you, you can’t respond by pulling out a gun and shooting them.
The key here is to only use as much force as necessary to protect yourself – no more, no less. If you use too much force, you may be charged with assault or even manslaughter if the person died.
Call a Palm Beach, Florida Criminal Defense Lawyer Now
If you’ve been accused of a crime and think you may qualify for a self-defense strategy, it’s important to speak with an experienced criminal defense lawyer right away. They can help investigate your case, gather evidence, and build a strong defense strategy on your behalf.
Call Michael T. Rabideau today for a consultation by dialing (561) 820-4848.
