Featured News 2015 Claiming Self-Defense in Criminal Proceedings

Claiming Self-Defense in Criminal Proceedings

In criminal charges, the claim of "self-defense" does arise sometimes. Considering the fact that it's illegal to commit assault, battery, domestic violence, or murder, defendants will often assert "self-defense" when being accused of one of these crimes.

When a defendant is claiming self-defense, they must be able to prove that the violence was justified. Generally speaking, a person is justified when they use reasonable force to prevent an impending injury from another individual.

It is reasonable to use non-deadly force to stop an attack. Conversely, deadly force can be used to repel someone who is using deadly force, but not against an attacker who is not using deadly force.

Courts across the country have historically accepted self-defense as a defense to criminal charges, even in some cases where there is a history of domestic violence.

Example: Florida's Stand Your Ground Law

In the highly publicized Trayvon Martin case, on the eve of Feb. 26, 2012, in Sanford, Florida, George Zimmerman, 28, shot and killed Trayvon Martin, 17, during an altercation.

Under Florida's Stand Your Ground law, the police were not allowed to arrest Zimmerman. The local police chief even said that Zimmerman had the right to defend himself with lethal force.

Ultimately, a Florida jury acquitted Zimmerman of manslaughter and second-degree murder charges.

Self-defense is typically used as a defense when someone has been charged with assault or battery. In all cases, the defendant must be able to show that he or she reasonably believed that they had no choice but to use violence to protect themselves from their attacker.

In deadly force situations, the question will be raised whether the defendant had the duty and opportunity to retreat before using self-defense. Usually in these situations, the defendant will need to show that they looked for that opportunity and there was none. No matter what, you will want to invoke your rights to an attorney if you are ever caught in a self-defense situation.

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