What Does It Take To Have A Self-Defense Case?

If you have injured or killed someone, you may have the ability to use self-defense as your defense. It's something that you and your attorney will have to discuss. There are certain requirements that you must meet in order to use self-defense as your legal defense. 

Self-Defense

The legal definition of self-defense is using a reasonable amount of force. You must be protecting yourself or a family member from the risk of physical harm or death. You must also have a reasonable fear of injury from the attacker. 

Reasonable Force

Reasonable force means that you are using the right amount of force to protect yourself or to stop the attacker from hurting you or your family. Excessive force would mean that you continue to attack the attacker even after they have stopped or left the place. For example, you may not chase someone who has broken off the attack and continue to beat them. If someone is beating you and you hit them back with a baseball bat and they leave, that is reasonable force. Chasing them after they have left so that you can continue to hurt them even after you or your family are no longer at risk is excessive force.

Reasonable force also includes what you use for defense. For example, if you are facing an attacker who is attacking is beating you with their fists, then you can use use your own fists or a weapon like a baseball bat, or possibly a knife. Those things are similar to the force that you are facing from your attacker. Using a gun in that situation would be considered excessive. Using a gun in a situation where you are being attacked or threatened with a knife or gun would be more reasonable. 

Reasonable Fear of Injury

Reasonable fear of injury means that you have to be afraid of a clear and present danger of injury. For example, someone telling you that they want to beat you up or strangle you isn't a clear and present risk of injury. That would qualify as a pretty empty verbal threat. However, if that person says that they want to hurt you and they are brandishing a baseball bat at you, then you have a reasonable fear that you are about to be injured. 

Your defense attorney will tell you that each self-defense case is judged differently. However, the case is also judged on all requirements, so you have to meet them all in order to have a self-defense case. If you're looking for a criminal defense lawyer, visit Sam Douglas Young Attorney at Law.