The law generally prohibits the use of violence to harm others. People who physically injure another person could face assault charges or similar criminal allegations. In some cases, those accused of a violent crime might insist that they acted not with an intent to harm but rather out of fear for their own safety.
People accused of a violent crime might hope to avoid a criminal conviction by proving that they simply wanted to avoid harm to themselves or others. Can claiming self-defense help someone avoid a violent criminal conviction?
Self-defense is a basic human right
The Constitution enshrines the right to life and liberty, as well as the pursuit of happiness. People should not have to submit to violence or criminal actions to remain compliant with the law. State statutes in many jurisdictions protect the right to act in self-defense.
People in Illinois, for example, can use a reasonable degree of force to protect themselves and others from imminent threats of criminal activity. Those in the St. Louis, Missouri, area can also use physical force to defend themselves. The state has a stand-your-ground law that eliminates the need to retreat before defending oneself in a public location.
State statutes and prior court rulings influence self-defense claims. Therefore, the location of the trial can have a direct impact on the best way to develop a self-defense claim.
Those hoping to avoid convictions by establishing that they acted to protect themselves or others often need to learn about the law before going to trial. Mounting a claim of self-defense may be a viable response to assault charges.