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Jeffrey S. Weiner, P.A. Jeffrey S. Weiner, P.A.
Available 24/7 305-985-6640

Self-Defense & When This Applies to Criminal Cases

Selective focus photo of an individual in a darkened room wearing black boxing gloves, holding their hands up in a self-protection position.

Self-defense is an insistent right that protects individuals from harm and aggression. If someone is threatened and believes they are at risk of damage, they have a right to defend themselves using reasonable force. But what happens when your attempt to stay safe leads to the injury or death of another person? This is where the concept of self-defense gets shady, leading to several criminal charges.

What is Self-Defense?

Self-defense is an individual’s right to protection from an unjustifiable attack. It gives people the freedom to use reasonable force to protect themselves from danger. The critical element of self-defense is that it necessitates an immediate response to the threat, one that is justifiable under the circumstances. This means that the level of force used must be proportional to the danger or threat faced.

When Does Self-Defense Apply in Criminal Cases?

Self-defense can be used as a legal defense in criminal cases. When charged with assault, battery, or homicide, they can justify their action using self-defense under certain circumstances. The legitimacy of using self-defense depends on several factors, such as:

  • The seriousness and immediacy of the threat.
  • Whether the person had a reasonable belief that there was a need for self-defense.
  • If the person acted proportionally to the threat.
  • If the person had an opportunity to retreat or not.
  • Was the individual in a place they had a right to be?

What are Castle Doctrine Laws?

The Castle Doctrine is a law that allows individuals to use deadly force to protect themselves in their homes, businesses, or cars without a duty to retreat. This law stems from the idea that someone’s home is their castle, and they have the right to defend it. The laws vary by state but generally provide individual immunity from prosecution for using deadly force under certain circumstances.

When Does Self-Defense Become Justifiable Homicide?

In extreme cases, using force in self-defense can lead to an individual's death, which could become a justifiable homicide. Justifiable homicide is when someone kills to defend themselves or others or in the heat of passion under certain circumstances. These circumstances can include using deadly force when there is a significant threat of harm to oneself, others, or property. The law highly scrutinizes the use of deadly force, and the person who applies it must meet a certain standard of proof to establish that their actions were reasonable.

Miami Criminal Defense Attorneys

If you believe you acted in self-defense, it’s crucial to speak with an experienced criminal defense attorney like Jeffrey S. Weiner, P.A.. Our team has the knowledge and experience to protect your rights and interests and fight for the best possible outcome in your case. Contact us at (305) 985-6640 today to schedule a consultation.

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