A person is entitled under some circumstances to use deadly force to protect himself or herself or to protect others. Self-defense is a defense to certain criminal charges and even some civil claims. Self-defense is commonly asserted in cases of murder or attempted murder, manslaughter or attempted manslaughter, assault and battery, and other crimes involving the use of violence. A person claiming self-defense must prove at trial that the self-defense was justified. Generally a person may use reasonable force when it appears reasonably necessary to prevent an impending injury. In particular, the defendant must reasonably believe that he or she, or some third party, was in imminent danger of being killer or suffering great bodily injury, or was in imminent danger of being raped, maimed, or robbed, and the defendant reasonably believed that deadly force was necessary and used no more force than was necessary. Deadly force may be used to defend against an attacker who is using deadly force but may not be used to repel an attacker who is not using deadly force. The fact that the defendant reasonably believes that he or she will be killed or harmed sometime in the future is not sufficient: the harm must be imminent, i.e., immediate. If the person against who you used or threatened to use deadly force has threatened to harm you or did harm you previously, you may be able to use that evidence to show that your conduct was reasonable.

If you are the initial aggressor, however, you may not be entitled to argue self-defense if the person you initially attacked used justifiable force in responding to your attacks. If you or someone you know believed that they acted in self-defense, that person may be able to obtain a lesser charge even if his deadly use of force was unreasonable. If you inadvertently kill an innocent bystander when reasonably trying to defend yourself from an attack by someone else, you also may have a strong defense to the charge of murder or manslaughter. If you were intoxicated at the time of the alleged crime, however, you may not be able to argue that your self-defense was "reasonable" in light of your intoxication.

In some cases, a person who is under deadly attack should attempt to retreat or escape if that is reasonably possible. However, you may be able to stand your ground without retreating if you are attacked in your home, the fenced grounds surrounding your home, your business, or your car or truck.

If we are able to successfully argue self-defense, you or someone you know who is charged with homicide or assault and battery may be found not guilty or not liable. If self-defense was imperfect, because you were intoxicated or otherwise acted with unreasonable force, we still may be able to substantially reduce the defendant's liability.

If you or someone you know has acted in self-defense and needs help to fend off criminal charges, call Anchor Criminal Defense for a free consultation.