In Criminal Procedure, Uncategorized

Every crime is different, and that means the defense to every crime is also different. If you are charged with DUI you will likely attack the validity of the breath test results by challenging the way the test was given or claim the equipment was not functioning properly. But if you are facing assault, battery, or weapons-related charge, the defense of self-defense is probably on your mind. This defense is tricky, and it can be looked upon unfavorably, especially with the media attention given to high profile cases where this defense has been raised. But if you truly were acting in self-defense, it is worth offering this defense in order to accurately state your version of the events.

To make a claim of self-defense, it is crucial to do the following things:

● Establish that you reasonably believed the forced used was necessary to prevent an unlawful use of force against your person.
● The belief that harm is imminent can be extended from you person to that of another (such as a family member in the case of a home invasion).
● The person against whom you used force must not have lawfully on the premises or under your care or custody. This can be tricky, because as we all learned from the Trayvon Martin case, it is not always easy to determine a person’s motives or their right to be in a certain place.

The defense of self-defense necessarily admits there was an altercation, and this can be hard to recover from if you are not able to establish the force you used in defense of yourself was legal. The facts are subjective, and not everyone will see eye-to-eye with you or your version of the events. This is why it is so important to partner with a qualified criminal defense attorney, so your case can be made in a way that casts you in the most favorable light. Whatever the charge, if you believe the defense of self-defense is available to you, call us for help. We will investigate the facts of your case, and let you know your options.

For answers to questions about self-defense, contact us today. Call an experienced criminal defense attorney in Key West to find out what rights you have, and how to protect those rights.

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