May 30, 2018 by Yuliya Kelmansky in Criminal Defense

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The “Self Defense” Defense

Due to the Self-Defense in a Criminal Case, We all know it is a crime to physically harm someone else. However, there are a category of crimes that are considered “justified” if done under the right circumstances. For example, normally if a person kills another person, that person may be convicted of murder. However, if that person was acting in self-defense, the killing may be justified, meaning the person cannot be convicted of murder.

In order to use the legal defense of self-defense, you must have at least acted reasonably under the circumstances.

If so, you can be legally justified in committing acts that may otherwise constitute murder, assault with a deadly weapon, battery, and other crimes.

The Elements of Self-Defense in California

The prosecutor must prove you acted reasonably in the instant circumstance. This means the prosecutor must prove:

You believed *reasonably* that you were in danger of being hurt, illegally touched, or killed, and that the danger was imminent;
You believed *reasonably* that you needed to use force in order to avoid the imminent danger; and
You only used the minimum force needed to avoid that imminent danger.

The law focuses greatly on the fact that the danger you face must be imminent. If someone threatens you and the threat feels empty, it cannot be said that you were in imminent danger. If someone raises a hand with a knife in it and within striking distance of you, that is considered imminent danger that could justify your use of force.

The law also ensures no overreactions are justified. This means you cannot use more force than necessary to prevent the danger you face. If someone charges at you with a boxing glove on their hand, you likely are not justified in pulling out a pistol and firing at them. This is because your risk was of some bodily injury, but the force you used against someone else was far greater and created a likely risk of death.

Defending your use of Self-Defense

It is essential to hire an attorney if you think you have a case for self-defense. This is because self-defense is traditionally only used to fight very serious charges, and when you are charged with a crime that carries major penalties, you need a lawyer to help you navigate the court proceedings.

Your attorney will also greatly improve your chances of being successful in arguing self-defense in a criminal case. You are going to need to prove your case, because self-defense is called an affirmative defense. This means you bear the burden of proving each element of the defense.

You will have to prove that you had a reasonable belief you were faced with immediate danger. You will have to prove the only way out was to use force. You will have to prove you used necessary force, rather than overreacting. Self-defense is a very nuanced defense, and an attorney is needed to show a judge and jury that all of your actions were justified, and the circumstances surrounding the alleged crime show that you needed to forcibly touch someone else to avoid injury to yourself.

Imperfect

Another reason to hire an experienced defense attorney is because you want to show the court that you acted in self-defense, rather than imperfect self-defense in a criminal case, if possible. Imperfect self-defense occurs when you believed you were in imminent danger or needed to use force, but one of those beliefs was unreasonable. In this instance, you will not be justified in your actions completely, but you may have your charges reduced in some capacity to reflect your state of mind.

Criminal Defense

Self-Defense in a Criminal Case

The “Self Defense” Defense

The Elements of Self-Defense in California

Defending your use of Self-Defense

Imperfect

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