3 Elements to Self-Defense in Crimes Against Persons

Self DefenseCrimes against persons are one of the most serious offenses that can ever be charged against an individual. The penalties will almost always involve imprisonment and the payment of fines as well as other fees deemed appropriate by the court. However, there are certain circumstances where self-defense can be invoked as a valid defense to the charge.

How do you prove that you are only acting in defense of yourself? Well, the first thing that you have to understand is to get a good criminal defense attorney, such as Jacksonville, IL’s noll-law.com, who will battle your case in court. Nonetheless, here are a few things you need to consider before you cite self-defense against the criminal charge.

Were You the Aggressor?

The prosecution will put a picture of you as the aggressor in the charge. Now, in self-defense, you must be able to show that you were not the aggressor or the party who initiated the attack. It must be shown in court that you are peacefully attending to your normal routines when someone else posed a threat to your existence.

Was Self-Defense Necessary?

Once the identity of the aggressor has been established, the court will have to determine if self-defense action was called for. This usually calls for a review of the circumstances surrounding the incident. Is there an immediate threat to life? If you have not acted the way you did, would you have suffered the same fate, or even worse? Was there no other way that could have prevented the incident from occurring?

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The prosecution will claim that there are other more legal courses of action to take. Your attorney will have to prove there is no other way, given the circumstances.

Is the Amount of Force Used Reasonable?

The last piece of the puzzle will be determining how reasonable the amount of force applied in self-defense. Was it necessary to shoot the person point-blank in the face or would a gunshot to the legs be more “reasonable”? If you hit the victim several times, did you stop when he was already knocked down on the floor? Or did you continue pouncing on him even though he was already unconscious and bleeding profusely?

These are the things that you and your criminal defense lawyer have to prepare for when facing a charge of crime against persons. Be reminded that the charges against you have to be proven by the prosecution. The job of your lawyer is to defend you.

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