A variety of situations can theoretically lead to assault charges. People can end up facing arrest and prosecution after a fight at a party or a major disagreement with a romantic partner that worries neighbors. Anyone involved in an altercation or who witnesses a conflict might decide to involve law enforcement.
When that happens, police officers often have to make snap judgments in the moment that may not accurately reflect the reality of the situation. They may assume that because one person had more serious injuries that the other was the initial aggressor. The situation can devolve into a he-said, she-said scenario where both parties blame the other for the incident and only one ends up facing criminal prosecution. Occasionally, what looks like assault initially might actually be a case of self-defense.
When can individuals accused of violent criminal behavior defend against those charges by asserting that they acted in self-defense rather than with an intent to harm others?
The definition of self-defense is broad
Many people understand that they have an innate right to protect themselves against immediate physical threats. If another person initiates physical contact, engages in menacing behavior or verbalizes a threat, the person in fear for their safety can potentially use physical violence to protect themselves.
The use of physical force for self-defense is theoretically legal provided that the party claiming that they acted in self-defense did not instigate the situation. They typically cannot have been in the act of breaking the law or trespassing when the incident occurred.
Additionally, their claims may be subject to the evaluation of other reasonable people. Other adults generally have to acknowledge that the situation involved a credible threat to their safety and that the use of physical force was therefore justified. There are actually two other scenarios in which people can potentially claim that they acted in self-defense according to state statutes.
The first is when an individual has to defend their property. Particularly in a home invasion scenario, the use of physical force to defend property can be legal. Those who force entry into an occupied dwelling unit may intend to burglarize the property or worse, and the people living there have the right to protect themselves and their assets.
People can sometimes also claim that they acted in self-defense because they intervened for the protection of another person. Those who use physical force to protect family members can claim self-defense. Even if the other party was a total stranger on the street or a store clerk, the individual accused of assault might be able to assert that they acted in self-defense because that other party faced an imminent threat of physical harm.
Reviewing the state’s evidence with a skilled legal team and learning more about the law can help those accused of assault develop a strong criminal defense strategy. Claims of self-defense can sometimes help people avoid a criminal conviction.