Every person has a fundamental right to defend themselves. However, many people use the term “self-defense” to justify unwarranted aggression, which can make them subject to criminal punishment. This means you could end up serving time in jail or prison for harming another person, even if you believe you were merely defending yourself.
The penalties for these criminal charges depend largely on the violent acts in question. An experienced criminal defense lawyer at Berry Law can help you fight your criminal charges.
The Legal Definition of Self-Defense
Those who make the claim of self-defense maintain that they used some sort of force towards another but that their actions were appropriate because the force was to stop someone else from using unlawful force against them.
Self-defense is frequently used as a defense in several criminal proceedings, including:
When You Have the Right to Self-Defense
You have a right to defend yourself or others against force (and threats of force) from another person, if you have reason to believe you are in immediate danger of being harmed through the fulfillment of these threats.
For example, if someone is running toward you with a knife, pointing a gun at you, or otherwise giving you reason to believe they intend to harm you, you may be justified in using proportionate force to contain the threat, deter your aggressor, and preserve your own wellbeing.
The specific situation you are in plays a large role in determining whether or not an aggressive act is self-defense.
Immediate Danger
If you believe the threat is imminent, whether it be a verbal or physical threat, your right to self-defense is protected. Once the threat has ended, the right to self-defense ends as well.
Reasonable Fear
At trial, the Court or the Jury will evaluate your actions under the circumstances as they existed at the time and consider whether you reasonably believed the force you used was immediately necessary to protect yourself from the threat posed by the alleged victim. And, the fact that you may have been wrong in estimating the danger does not matter so long as there was a reasonable basis for what you believed and you acted reasonably in response to that belief.
Determining what is reasonable depends on the specific situation and the circumstances surrounding the self-defense in question. It is important to understand that a criminal defense attorney with experience defending individuals using self defense can help prove that your actions were reasonable given the situation and circumstances you were facing.
Equivalent Response
The degree of force used in defense must generally match or be proportionate to the level of threat the person faces. This means that the person can only use as much force as necessary to stop the threat. If your defensive actions are more extreme than the threat presented, the defense is not justified.
Duty to Retreat vs. Stand Your Ground vs. Castle Doctrine
Certain states require you to try and flee the perceived threat before using force to defend yourself. In Nebraska, this duty is imposed before using deadly force. Deadly force is either 1) the intent to cause death or serious bodily harm or 2) force used with the knowledge that its use would create a substantial risk of death or serious bodily harm. In other words, before using deadly force to defend yourself, you must either try to get away from the aggressor or demonstrate that you did not because you reasonably believed you could not do so safely.
Another variation is called the “Castle Doctrine,” which generally allows you to defend yourself with deadly force in your home. In Nebraska, the duty to retreat prior to using deadly force is also relaxed when in your home unless you are the initial aggressor. But, reasonableness of one’s actions is still an important consideration.
Because each circumstance is different, understanding the impact these laws is crucial. A self-defense attorney may be able to help prove that your actions were warranted.
When Acts of Self-Defense Become Criminal Aggression
You may not always be able to justify unwarranted aggression or violent, disproportionate retaliation in the name of self-defense. A criminal conviction may mean serving jail or prison time. Hiring a self-defense attorney may help protect you.
Berry Law’s Team Provides You With Multiple Attorney Perspectives
Serving Clients in Nebraska
At Berry Law, we bring decades of experience to the table and have the skill and insight necessary to help you craft a strong defense. Our self-defense lawyers have a proven record of success. We understand the importance of demonstrating that the alleged victim was first aggressor.
Securing legal representation promptly after being involved in a violent encounter is key to keeping your criminal case from escalating and resulting in unjust accusations and penalties. If you are facing criminal charges stemming from self-defense, we may be able to provide you with the representation you need. Contact us today to learn more.
