We’ve mentioned self defense in previous Oceanside violent crime defense attorney articles, but we’ve never discussed it in detail until now. That being said, self defense is an important legal strategy to know about as it is one of the most popular and most successful violent crime defenses available to a defendant.
Self defense can be plead in all types violent crimes cases, but it is particularly useful in those involving homicide, attempted murder, assault, battery, road rage or domestic violence. The basis of the defense is that you reasonably believed that you were in danger of being killed, injured or otherwise illegally harmed and had to use the minimum required physical force to prevent that danger. Under California law, you are not legally required to attempt to escape the situation before you attempt to protect yourself, so if someone threatens you with a weapon and you injured them in an attempt to stop their threat, you can still claim self defense even if you could have easily ran away from the scene.
You can also use the concept of self defense to come to the aid of others, so if you hurt someone who was about to punch your friend or sexually assault a woman, your San Marcos defense lawyer can use this information to defend you.
Of course, you can’t just claim self defense because you harmed someone. Your Carlsbad criminal attorney must be able to show that you reasonably believed you (or another person) were in imminent danger, that immediate force was required to stop that danger and that you did not use excessive force to do so. If you have a reasonably strong case though, it will remain up to the prosecutor to prove that you did not meet the requirements for self defense, which can be particularly difficult if you have any witnesses supporting your claims.
It’s worth noting that the general rule of self defense involving deadly force is that you cannot use deadly force for a non-deadly threat. Unless someone is armed with a weapon or is using extreme physical violence, it is difficult to prove self defense if you react with deadly force.
If you were arrested after acting in self defense or defense of another person, please contact an Encinitas violent crimes defense attorney like Peter M. Liss as soon as possible. You can schedule a free initial consultation by calling (760) 643-4050 or (858) 486-3024 to discuss your case.
Creative Commons Image by Ian T. McFarland