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Can you use self-defense in your violent crime case?

On Behalf of | May 23, 2022 | Criminal Defense |

If you’ve been involved in a domestic dispute, then you know that they can quickly turn physical. When someone ends up hurt as a result, the other person may end up facing allegations of criminal wrongdoing. If you’re reading this blog post, then that person may be you.

If you want to avoid the harsh penalties that a criminal conviction can impose on your life, then you need to mount the best criminal defense you can muster. One of your strongest options may be to argue self-defense.

How do you argue self-defense?

California law allows you to use self-defense when you reasonably believe that you’re in imminent danger of physical harm. You also have to have a reasonable belief that the amount of force that you use is necessary to stop the danger. It’s important to note, though, that your use of force will only be justifiable if it is deemed reasonably necessary under the circumstances at the time. This use of force may be justifiable even if it turns out to be deadly.

Weaknesses in self-defense arguments

There are limitations to self-defense arguments. Perhaps the biggest is that it’s hard to avail yourself of this defense if you were the initial aggressor. You’re not completely precluded from arguing self-defense in these circumstances, but to successfully argue self-defense you must demonstrate that you initiated the incident with non-deadly force and had to use deadly force to stop further aggression. You’ll also have to show that you tried to stop the altercation.

Talk to an attorney to learn more

This is just a brief primer on California’s self-defense law. There are a lot of nuanced issues that you may face with your case, such as what constitutes imminent threat and what is reasonable in light of the circumstances.

So, if you want to ensure that you’re presenting the through criminal defense that you need on your side, then you may want to research your representation options and discuss your concerns with an attorney that looks right for you.