When accused of committing a crime by harming another person, one potential defense you may want to consider is claiming that you were only acting in self-defense. You didn’t want to injure anyone else, and you were not acting in an aggressive manner. The other person was the aggressor, and they were only injured because you took steps that were necessary to protect yourself or your loved ones.
This can be a viable defense, but one thing to remember is that the force that you used has to be “proportional to the force used against you.” Even when claiming self-defense, that doesn’t mean you can use any sort of violent force that you want. The court will carefully consider the situation to see if your actions were appropriate.
How this could impact a case
The big issue here is that you could still be criminally liable if you used excessive force. For instance, say that someone pushes you during an altercation on the street. If you thought they were going to continue attacking you, and so you punched them and knocked them down, you’d be using similar force to that which was being exhibited against you. You could claim self-defense, saying that you didn’t want to get into a fight, but you felt you had no choice and there was no safe way to retreat from the altercation.
But if you were carrying a concealed firearm and you used it during the encounter, then you would have to show that you had a genuine fear for your life. Using a firearm means that you are using potentially deadly force. Even if the other person doesn’t pass away—such as if they suffer a leg wound—you still have to show that your use of force was justified.
Your defense options
Navigating this type of criminal case can be complex. Take the time to carefully look into all of the defense options at your disposal.