Self-defense is a term you often hear in criminal cases. While it seems simple on the surface, the concept of self-defense is quite complex. The criminal lawyers at the Law Offices of Michael L. Brown, Jr. have an overview of what self-defense actually means.
A claim of self-defense is used when a defendant says they had to use excessive force to prevent another person from harming them. However, there are four factors that are typically used by the State to determine if such a claim is accurate. A criminal defense attorney will listen to your story and see how these questions apply to your case.
- Was the defendant without fault in the incident? This means that the defendant did not provoke the attack or threat.
- Was the defendant in imminent danger – or did they believe they were? If a person believes they were about to be hurt or killed and acted to prevent such an outcome, this could be grounds for self-defense.
- Would a reasonable individual in the same situation have come to the same conclusion? Determining that another person would’ve acted in the same manner gives validity to the claim that there was a reasonable belief of danger.
- Was there any other way to avoid the danger? If there was no reasonable way to escape the danger, it may help a self-defense claim stand up in court.
If you’ve been charged with a crime but believe you acted in self-defense, hire South Carolina criminal lawyers who will fight for your rights. Request a consultation with the Law Offices of Michael L. Brown, Jr. in Rock Hill, SC.