Although the legal system discourages the use of violence or force against others, there are situations where an individual has the legal right to use reasonable force to protect themselves or others around them.
Self-defense, which is a type of affirmative defense, can be used as a legal justification for a criminal act. However, the burden of proof will be on the defendant to prove that they committed the seemingly criminal act to protect themselves or others from harm. According to criminal defense lawyers in Colorado, there are many situations where self-defense can be used as a legal defense against simple assault, aggravated assault, and other types of criminal acts.
The key to a successful defense using self-defense is to prove beyond any reasonable doubt that the person acted in fear of being harmed at the time of the act. In most cases, a self-defense case goes to a jury trial, which means the jury will make the final judgment on the case.
How to Prove Self-Defense in a Criminal Charge
Imminent Threat
For self-defense to apply to a case, the threat faced by the accused must be imminent, which means that the accused must have performed the self-defense act in fear of immediate harm.
A defendant can claim self-defense even if they initiated the first contact, as the crucial factor in any self-defense case is that only reasonable force was used in their self-defense act. If excessive force was used, then the criminal act might not be accepted as self-defense in a court of law. In the case where self-defense was used to protect others, the defendant must prove that their intervention was necessary to protect the threatened party.
Reasonable Fear
In addition to an imminent threat, the defendant must prove that the fear that resulted in their criminal act was reasonable and justified. The reasonable fear would be assessed based on a reasonable-person standard, which means asking how an ordinary and reasonable person would have reacted in those circumstances. For example, if a reasonable person is threatened by someone holding a gun, then there is a strong reason for the person to feel threatened.
Proportional Force
Lastly, the defendant will have to prove that the force used in self-defense was proportional to the fear. For example, if the defendant used deadly force in response to being punched, that is unlikely to be accepted as a self-defense act by a judge or jury. There are no set rules or standards for what is considered proportional force. The judge or jury will have to make their judgment based on the specific circumstances of the event.
Some states require a person under threat to attempt to retreat or avoid using deadly force before they can act in self-defense. However, there are some states that have “stand your ground” laws, in which the person under threat does not have a “duty to retreat”.
Using self-defense as a defense strategy in a criminal charge can get extremely complex, but there are several circumstances where this law is applicable. It is best to seek legal representation from an experienced criminal defense lawyer who is well versed in self-defense laws. They can evaluate the facts and charges of the case and recommend the best legal defense strategy. A criminal defense lawyer can also assist in gathering evidence, filing all required paperwork, and negotiating a plea bargain with the prosecutor to reduce the charges or sentences.
