Self-Defense

After being arrested for a violent crime like assault or even manslaughter, you may need to prove that you were acting to protect yourself from a legitimate threat. The best way to do this is to hire an experienced criminal defense attorney, who can help you build a strong self-defense case. Read more below.

What Does the Law Consider Self-Defense?

To have your charges dismissed on the grounds of self-defense, you will need to meet certain legal requirements. For example, you must have reasonably believed that you were in imminent danger of bodily harm and that the only way to protect yourself was to use force. Furthermore, the amount of force used must be proportionate to the threat posed. If your case meets these criteria, you may have an effective criminal defense.

Defining Imminent Threat

An imminent threat is a threat that is about to happen and cannot be stopped. It is important to note that the threat does not have to be immediate, but it must be real and present.

For example, if someone threatens to kill you unless you give them your wallet, this would be considered an imminent threat. But if someone is only yelling insults at you, even if they’re using profanity, this would usually not be considered a valid imminent threat.

Was Your Fear Reasonable?

For your fear to be deemed reasonable, it must be based on facts that would lead another person in your situation to also believe they were in real danger. A reasonable fear is based on facts and logic, not emotions. There must be enough evidence available to indicate that anyone else in your situation would also be afraid and act similarly.

Did You Use Excess Or Proportional Force?

The amount of force used must be proportional to the threat posed for self-defense to be successful. Say someone comes at you brandishing a gun, using deadly force in response may be considered proportional. But if someone only pretends to punch you, and you respond by shooting them, this would likely be considered disproportionate because the threat did not warrant such an extreme response.

How an Okaloosa County Criminal Attorney Can Support You

If you are facing criminal charges and believe that self-defense may apply in your case, it is important to speak with an experienced criminal defense attorney who can help assess your case and determine whether or not self-defense is an applicable defense strategy. Call T. Martin Knopes today for a consultation by dialing 850-683-0700.