June 28, 2019
June 28, 2019
The concept of self-defense applies to a person who commits an act of violence to repel or neutralize an attacker. If you have experienced such an incident, then learning about your legal rights is a priority. The representation of a Carmel Indiana lawyer could prepare you to communicate your side of the story to authorities.
You should not assume that a prosecutor reviewing your case will interpret the events in a manner that excuses your conduct. The criminal justice system will use specific criteria to determine whether your case involved a valid use of self-defense.
Self Defense Definition
The law narrowly defines the circumstances that allow you to avoid criminal charges or conviction for reasons of self-defense. The necessity of your violent action to protect yourself, another person, or property from immediate harm must be apparent to justify self-defense. Your actions must also appear to be reasonable at that moment.
Who Can Claim Self Defense?
Indiana law recognizes that people might encounter felonious threats that require them to defend themselves. When someone has no way to retreat, reach safety, or summon law enforcement promptly, the use of force, including deadly force, is generally excused by society.
The aspect of Indiana law known as the Castle Doctrine establishes that people possess the right to self-defense in their house, yard, or occupied vehicle.
Because the events that lead to a self-defense action are often chaotic, authorities may not immediately recognize that self-defense took place. An Indiana lawyer at Webster & Garino could counsel you in the aftermath of such a distressing incident. Our guidance might prevent you from making statements to the police without proper awareness of your rights.
How Courts Evaluate Self Defense
The court system will want to know if the person who was restrained, injured, or killed was committing or attempting to commit a forcible felony against a person or property. Fear of murder, rape, robbery, burglary, and arson could legally justify the use of force by intended victims.
Secondly, the person claiming self-defense needs to show that no alternative existed at the moment. Before resorting to force, a person should seek safety or otherwise try to avoid confrontation.
The extent of force matters as well. Self-defense actions should not exceed the level of force necessary to preserve property, life, or safety.
Discuss Your Case With an Indiana Lawyer
A Carmel Indiana lawyer could assess the viability of your self-defense case. Our legal representation could protect your rights and preserve your freedom. Call us today.