Is Self-Defense a Valid Defense to an Assault Charge?
When you are facing charges related to a criminal offense involving a threat or act of violence against another person, it is critical to seek legal advice about building a strong defense. Whether you are facing misdemeanor or felony charges for an assault-related offense such as intimidation or battery, you should discuss the details that led to your arrest with an attorney who can determine the best defense strategy. In some cases, you might already be thinking: I was only defending myself, so can I claim self-defense as a strategy to have the charges dropped or to avoid a conviction?
Self-defense may be the best defense strategy in certain cases, but it is essential to discuss the details with a criminal defense attorney before you raise this defense since it is an “affirmative defense.” Our Indianapolis assault defense attorneys can explain in more detail.
What is Self-Defense?
Self-defense is a type of defense that can be raised when a person acts in a certain way (i.e., engages in some form of physical or violent conduct) that is lawful under the specific circumstances because the person acted in that manner to defend themselves against harm that would have been caused by another party. In short, self-defense is a use of force to protect yourself from harm by another person.
Self-defense or defense of a third person, or defense of another, in cases where a person steps into a situation to defend another person who could be harmed, is a type of affirmative defense. What this means is that you will be admitting that you engaged in the act constituting a crime under the Indiana Code, but you had a valid reason for engaging in that conduct and should not be legally responsible.
Indiana’s Self-Defense Laws
Self-defense laws in Indiana exist under IC 35-41-2. The statute says that “it is the policy of this state that people have a right to defend themselves and third parties from physical harm and crime.” Accordingly, you may be able to use the defense of self-defense if it applies to the particular circumstances that led to your arrest.
It is important to understand that, in order for Indiana’s self-defense laws to apply to your case, the specific language in the statute must be true of your circumstances. The Indiana Code says that “a person is justified in using reasonable force against any other person to protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force,” and if the person did not have a duty to retreat.
In the event that your act of self-defense involved force against a person on your property, the Indiana Code also addresses these circumstances and generally permits the level of force that a person reasonably believes to be necessary, including deadly force.
Contact an Indianapolis Criminal Defense Lawyer Today for Assistance
If you are facing charges for intimidation and battery but you believe you engaged in self-defense, it is critical to seek legal advice from one of the experienced Indianapolis assault defense lawyers at Rigney Law LLC. Contact our firm today for assistance with your defense.
Source:
law.justia.com/codes/indiana/title-35/article-41/chapter-3/section-35-41-3-2/