If a person is under threat of bodily harm, they have the right to protect themselves – even if, under ordinary circumstances, such behavior would be considered criminal. The US legal system allows defendants to hire a Criminal Law Attorney in Mesa AZ and claim self-defense. In this article you will learn some of the broader concepts of self-defense law. Visit website for more information.
The Basics of Self-Defense
In self-defense, a person uses force to protect himself or herself from violence. The definition sounds simple, but can result in questions when a Criminal Law Attorney in Mesa AZ applies it to real situations. For instance, how much force is too much? Do victims have a duty to retreat, and what happens if a victim perceives a threat but none exists? To handle these situations, states have formulated rules on self-defense and use of force.
Imminent Threats
As a rule, force is only allowable when it’s a response to an imminent threat. Threats may be verbal – all that is required is for the victim to fear physical harm. However, offensive language without threat is not a justification. In self-defense, usage of force loses its justification as the threat ends. For instance, if a victim defends themselves and the aggressor runs away, the threat is over, and the victim cannot chase the perpetrator to continue the use of force.
Imperfect Defense and Proportional Response
Sometimes, a person may have an unreasonable fear of harm. If that person forcefully defends himself or herself, it’s called imperfect self-defense. Here, a Criminal Law Attorney in Mesa AZ cannot get a client excused from their use of force, but charges and punishments are less severe. Use of force must match the severity of the threat; the victim can only use as much force as is needed to neutralize the threat.
Obligation to Retreat/Stand Your Ground
Original self-defense laws required victims to first try to avoid violence. While many states have eliminated this rule for non-lethal use of force cases, many states require people to try to escape before using deadly force. By comparison, some states have “stand your ground” laws, which take away the obligation to retreat. Even in states with duty to retreat laws, people are allowed to use lethal force against others illegally entering their home. If you have questions on your state’s castle doctrine law, The law firm of Janet R. Feeley L.L.C. can give you case-specific advice.