Winning a Self-Defense Argument in Court
If you face felony or misdemeanor assault charges, a successful self-defense argument can result in an acquittal at trial or a dismissal of all charges.
Self-Defense is a Complete Defense to Most Assault Charges
Most assault charges arise from complex situations. Prosecutors and courts can be particularly harsh in assaultive cases. Although the police might lead the prosecutor to believe that there is one “guilty” party and one “innocent” party, the true story tends to be much more complicated. If the person charged with an assaultive crime believed their actions were necessary and in self-defense, their actions are legally excused and not criminal. If the police and prosecutors do not believe that the person’s actions were legally justified, charges are filed, and the defendant will have to assert their defense in court. Winning a self-defense argument is complicated; however, a top criminal defense lawyer will know the most persuasive arguments to use in court.
What is self-defense and how can it be used to win in court?
A person has the right to use force to defend themselves under certain circumstances. If a person acts in lawful self-defense, their actions are justified, and they are not guilty of a crime. Winning a self-defense argument requires an honest and reasonable belief that force was necessary to protect oneself from the imminent unlawful use of force by another. So long as the belief was honest and reasonable under the circumstances, the person is not guilty of assault even if it turns out later that they were wrong about the danger.
A person is only justified in using the degree of force that seems necessary at the time to protect themselves from danger. In other words, the person must have used the kind of force appropriate to the attack made and the circumstances as they saw them. The right to defend oneself only lasts as long as it seems necessary for protection.
Can deadly force be used in self-defense?
Sometimes, deadly force can be legally justified in self-defense. A person may not kill or seriously injure another person to protect themselves against what seems like a threat of only minor injury. The defendant must have been afraid of death, serious physical injury, or sexual assault.
If a person should and could have safely retreated but did not do so, they are not permitted to use force or deadly force in self-defense. However, there is no duty to retreat if a person is attacked in their own home and they believe the attacker has a deadly weapon or that they will be subject to a sudden, fierce, and violent attack.
Winning Home or Residence Based Self-Defense Argument
A person may use deadly force to defend their home if they honestly and reasonably believed that the person they killed or injured used force to enter their home or was forcibly attempting to enter the home without a right to do so. To justify self-defense, the resident of the home must have honestly and reasonably believed that the person they killed or injured intended to steal property from the home or do bodily injury to someone in the home.
Can a person who started a fight win a self-defense argument?
A person who started a fight or initiated an assault can claim self-defense under limited circumstances. Generally, the person claiming self-defense must not have acted wrongfully and brought on the assault through a violent act. Words alone never justify an attack, and self-defense can readily be used to defend against an attacker provoked by words.
A defendant who assaults another person using fists or other non-serious or deadly means, can claim self-defense if the person being assaulted responds with deadly force. In other words, if an individual punches someone who then responds by pulling out a gun or knife, the original offender can protect themselves using force as necessary.
Also, if a person commits an assault but then clearly withdraws and gives up, physical force cannot be legally used to retaliate. If the person who was assaulted initially used force or deadly force in retaliation, the person who committed the original assault can legally defend themselves. To justify self-defense in this scenario, the person who started the fight must have genuinely stopped their assault and clearly let the other person know that they want to make peace.
If the Claim of Self-Defense is Legally Supported, the Prosecutor Must Disprove Self-Defense Beyond a Reasonable Doubt
The defendant does not have to prove that they acted in self-defense. Instead, the prosecutor must prove beyond a reasonable doubt that the defendant did not act in self-defense. Although this defense is typically used in a trial, a criminal defense trial lawyer who is a known, genuine threat to the prosecution’s case can use a self-defense argument in an attempt to get the government to dismiss the case voluntarily.
Can self-defense be used to defend other people?
Defense attorneys can win a self-defense argument if they can effectively argue that their client reasonably and legally acted to defend another person, or at least that they reasonably thought their actions were necessary. The degree of force used to defend another person must be reasonable under the circumstances. For example, a person can use deadly force to defend someone else if the person believed that the other individual was imminently going to be assaulted with force that might cause death, serious bodily injury, or sexual assault. If the assault appeared not to be a deadly or serious threat, only reasonable, non-deadly force could be used in defense of others.
Self-Defense Can Be a Winning Defense to Several Assaultive Charges in Michigan
The following is a non-exhaustive list of assault charges in Michigan where a self-defense argument can be made in court or an argument requesting dismissal of all charges:
- Assault and Battery
- Simple Assault
- Domestic Violence
- Domestic Assault and Battery
- Felonious Assault
- Assault with Intent to Commit Great Bodily Harm
- Assault with Intent to Murder
- Murder / Homicide
- Aggravated Assault
- Aggravated Domestic Violence
- Child Abuse
- Assault with a Deadly Weapon
Attorneys With a Track Record of Winning Self-Defense Arguments
The Defense Team with LEWIS & DICKSTEIN, P.L.L.C. has decades of experience getting charges thrown out of court based on various defenses, including self-defense. Our attorneys also have won many jury trials and achieved “not guilty” verdicts based on self-defense arguments. If you face misdemeanor or felony assault allegations, do not hesitate to contact us for the highest caliber defense available. We will do whatever it takes, including raising a compelling self-defense argument, to win your case.
Call us today at (248) 263-6800 for a free consultation or complete a Request for Assistance Form. We will contact you promptly and find a way to help you.