Have you ever found yourself in a situation where you need to defend yourself to avoid getting hurt? When someone attacks you, the first thing that comes to your mind is to fight back. Unfortunately, you might end up using too much force and get into legal trouble.
So, what is the best way to defend yourself without landing in jail? If you hurt or kill someone while trying to defend yourself, the best way to argue your case is self-defense. But this only works if you understand the legal definition of self-defense and situations where it applies.
What Is Self-Defense in Legal Terms?
Self-defense is using force against someone who poses an immediate threat of bodily harm or death. Common sense dictates that you have the right to defend yourself, even if the action results in a crime.
If you’re accused of a crime, such as murder, you can claim self-defense. Self-defense can be an action you take to defend yourself, another person, or property.
However, there are circumstances where you may think you’re acting in self-defense when it’s actually not the case. There are many situations where self-defense does not apply, and you might not use it to defend yourself in a court of law.
The law regarding self-defense claims in the U.S varies from jurisdiction to jurisdiction. Make sure you understand how your state interprets this law, so you know whether you stand a chance to win your case or not.
When Is Self-Defense Is Acceptable?
Not every action that involves using force to protect yourself can qualify as self-defense. From the definition, you may think that this concept is simple. Still, when faced with the actual scenario, it takes many considerations for criminal action to fall under self-defense.
There are several questions you need to ask yourself to understand self-defense law:
- What level of force or violence qualifies as self-defense?
- Who provoked the attack?
- Was there a chance to retreat?
- What if you (the victim) perceived a threat where there was actually none?
From these questions, it’s evident that the law concerning self-defense is complicated, and sometimes winning the case can be difficult. Certain rules determine the circumstances when self-defense is permitted. The rules also indicate the amount of force you can use to protect yourself or your property.
Principles That Guide Self-Defense Claim
Whether you’re going to lose or win a self-defense claim depends on the following principles:
Existence of Imminent Threat/Danger
The use of force is only justified in self-defense when there is an imminent threat against you, another person, or property. The threat can be verbal or physical as long as the victim perceives that the aggressor will harm them. But if the threat is made verbally, it must also include the accompanying threat of physical harm.
The threat of harm must be active at the time. If the threat has ended, there’s no more danger or violence. For instance, if a thief attacks and threatens to stab you with a knife, you’re allowed to defend yourself there and then.
But if they threaten you and you manage to escape unharmed, but you later hunt them down and beat them, it will be considered retaliation and not self-defense.
Reasonable Fear of Harm
Sometimes, people tend to threaten each other without actually meaning any harm to the victim in the real sense. It doesn’t matter whether the perpetrator meant to harm or not.
If a reasonable individual in the same scenario would have perceived the circumstances as a threat, then this warrants the use of protective force.
Use of Force Equal to the Threat
In self-defense, you’re not allowed to use any force that could be considered excessive. The law of self-defense requires that you respond to the threat with the same proportion as the threat imposed by the aggressor.
For instance, if an aggressor uses deadly force to attack you, you’re allowed to use the same level of force to defend yourself.
But if the threat is minor, you cannot use brute force to counter the attack. For instance, if an aggressor punches you, you cannot defend yourself by shooting them.
Some people are just anxious and may have imminent fear of physical harm, even if the fear is not reasonable to an objective person. If you harm the other person due to perceived fear, this will be categorized as imperfect self-defense.
If your state recognizes imperfect self-defense, it might lessen the criminal charges or reduce the penalties. But you cannot get away with the offence completely.
Other states may also consider imperfect self-defense when the victim provoked the circumstances that led to the attack.
For instance, if you created a conflict that resulted in the attack and then killed the attacker while defending yourself, it can be considered imperfect self-defense. You will not be excused from the crime but might receive a lesser sentence.
Duty to Retreat or Stand Your Ground
This is another part where self-defense can be confusing. Some states believe that a person should flee from violence instead of attempting to defend themselves unless they’re cornered. This is called the duty to retreat.
You must prove that you indeed tried to avoid violence and was only forced to use force when the retreat attempts failed.
Other states permit the victim to use force when defending themselves, even without trying to escape first. The stand your ground laws don’t recognize any duty to retreat.
But it’s still unclear whether a person who stands their ground can use lethal force when defending themselves. Many states are still divided as far as stand your ground and lethal force is concerned.
Castle doctrine law allows you to use lethal force when defending your home against intruders. In this case, the duty to retreat doesn’t apply because you cannot run away from a person who enters your home unlawfully. Even states that use the duty to retreat law agree that you must defend your home whichever way.
This principle suggests that your home is your ‘castle’, and you have the right to defend it in whichever manner you deem appropriate. However, you must still understand the laws of your jurisdiction regarding the castle doctrine since there are different interpretations to this.
Self-defense laws are very complicated and can be even difficult to explain if you don’t have any legal knowledge. This case involves two people who fight each other, and everyone is hoping that the law will work in their favor.
The rules regarding the situations that warrant self-defense and the force you can use when defending yourself vary from state to state. It’s important to take your time to understand how your jurisdiction interprets this law so you know how to present your case.
Everything is even simpler if you get professional help from an experienced criminal law attorney. An attorney can help you interpret the law regarding self-defense and even defend you in court for a better outcome.