Self-Defense, Explained: How Self-Defense Can Be Used as a Defense at Trial

Our team at Verity Criminal Defense has many years of experience handling assault cases. When it comes to these cases, we often turn to one of our most effective defense tactics: asserting a defense of self-defense. In assault cases, there’s often a question of who started the fight, and this gives us the opportunity to claim self-defense if our client’s case is brought to trial.

What is Self-Defense?

When there is a physical fight and the police are called, sometimes they arrest the wrong person. You have a right to defend yourself, but many assault cases are “he said, she said” cases and it may not be clear who the aggressor was.

Self-defense is a defense that can be asserted at trial, often with great results. Self-defense is unlike some other common defenses to crimes in that the defendant bears no burden of proving it. Instead, the prosecution has to disprove that the defendant acted in self-defense. This can be difficult for prosecutors to do, especially when the only evidence is two different people saying opposite things. If the jury isn’t sure who to believe, that means there’s a reasonable doubt as to the defendant’s guilt.

There are other, similar defenses that can also be used in assault cases, like defense-of-others and defense-of-property.

What is Required to Assert Self-Defense?

In an assault case where self-defense is asserted, the judge will instruct the jury that it is lawful to use physical force to defend oneself if one reasonably believes they are about to be injured. If you assert self-defense, then it must be clear that the force used was proportional to the threat against you. For example, you can’t pull out a knife and stab someone who is smaller than you and merely shoved you.

Facing Assault Charges? We Can Help!

Our experienced attorneys are here to help you navigate your assault charges, and if needed, defend your case at trial. Assault cases are often very triable cases, so having a skilled attorney on your side can make a huge difference. Contact Verity Criminal Defense today so you don’t have to face your charges alone.