Self-Defense & When This Applies to Criminal Cases

In general, self-defense is defined as the use of reasonable force to protect oneself from an imminent threat of violence. This concept is rooted in the idea that individuals have the right to defend their bodily integrity and personal safety. However, what constitutes "reasonable force" and an "imminent threat" can differ, and these nuances are critical when mounting a self-defense claim.

Key legal principles underpinning self-defense claims include the necessity of the threat being immediate, the proportionality of the response, and, in some cases, the duty to retreat. These principles ensure that the use of force is justified and not excessive. For instance, if someone is attacked and believes their life is in danger, they may use force to defend themselves, but the force used must be proportional to the threat faced.

Conditions for Claiming Self-Defense

Imminence of Threat

One of the primary conditions for claiming self-defense is the imminence of the threat. The law requires that the threat be immediate and unavoidable, meaning that the danger must be present and not something that could occur in the future. This requirement ensures that self-defense is used only in situations where there is no other option to avoid harm. For example, if someone is being physically attacked and has no means of escape, they may be justified in using force to protect themselves. However, if the threat is not immediate, such as a verbal threat of future harm, the use of force may not be legally justified.

Examples of what constitutes an imminent threat can vary, but generally include situations where an attacker is actively trying to cause physical harm. For instance, if someone is brandishing a weapon and making threatening gestures, this could be considered an imminent threat. On the other hand, if the attacker is retreating or has stopped their aggressive behavior, the threat may no longer be considered imminent, and the use of force may not be justified.

Contact Our Skilled Attorneys at The Hammer Law Firm, LLC

If you are facing criminal charges and believe you acted in self-defense, it is crucial to seek the guidance of an experienced criminal defense attorney. The Hammer Law Firm, LLC, located in St. Louis, MO, specializes in criminal defense and can provide the expertise and support you need to navigate the complexities of self-defense laws. Our team is dedicated to helping you build a strong defense and achieve the best possible outcome for your case.

Let The Hammer Law Firm, LLC, fight for your rights and protect your freedom. (314) 334-3807