The self-defense argument is not always effective after an arrest. For example, if the police have evidence that there was no imminent threat of harm or reasonable fear that should have existed, the self-defense argument may not be successful. Below, we explore the self-defense defense and how a criminal defense lawyer can help.

What Constitutes Self-Defense?

Self-defense is only justified in certain situations. For example, if you hit someone because you thought they were going to hit you, but they didn’t do anything that would be reasonably considered a threat, a self-defense defense is less likely to be successful.

You must be able to prove that the other person could carry out their threat and that you had a reasonable belief that they would do so. If you can prove that you were in fear for your safety and that you used a reasonable amount of force to defend yourself, then the self-defense defense is more likely to be successful.

You Were Imminently Threatened

The first element that you must be able to prove is that you were imminently threatened with bodily harm or death. The threat must have been immediate and there was no time for you to retreat or de-escalate the situation. If someone comes at you with a knife and you kill them in self-defense, for example, it’s more likely that a court will find that you were imminently threatened than if someone is yelling threats at you from across the street.

You Are Reasonably Afraid

In addition to proving that you were imminently threatened, you must also be able to demonstrate that someone else in your same circumstances would have felt the same way. If a court determines that you should not have been reasonably afraid, self-defense is unlikely to be successful.

However, this is subjective, which means it can be interpreted differently by different people. This is why it’s so important to have a good self-defense lawyer on your side, who can help to convince the court that you were acting reasonably under the circumstances.

You Responded Only With Necessary Force

Even if you can prove both of the previous elements, you can still only use a proportionate amount of force in response to the threat. This means that your response must be commensurate with the level of threat posed against you. You physically can’t attack someone with a knife because they punched you first. If you respond to a threat with excessive force you may not be able to argue self-defense.

How a New York Criminal Defense Law Firm Can Help 

Don’t wait after being charged with a violent crime to talk to an attorney about a possible self-defense strategy.

The attorney can investigate the facts of the case and work with you to determine the best way to proceed. In some cases, it may be possible to get the charges dropped or reduced. If the case goes to trial, the attorney can help you present a strong self-defense argument to the jury. Call Scott Cerbin today at 718-596-1829.