Self-defense is one of the most commonly claimed defenses in American law, and most claims arise from assault cases, but it is also used in homicides. The procedure to claim self-defense differs depending on where you go to court, and your general location.
Your Claim Depends on Your Location
Many jurisdictions, including those in Washington, use common law to define criminal defenses. Definitions evolved through numerous cases and court interpretations, and the process created a standard that most courts use today. A defendant has to show that force was necessary, and that they feared for their life.
To make a successful claim, Howson Law Office must show that a reasonable person would have reacted in a like manner in similar circumstances. In some locations, law dictates that a person must run away before turning to fight. If you live in such a jurisdiction, you and your Criminal Defense Attorney in Burlington, WA may not be able to make a self-defense claim.
Cracking the Code
Some jurisdictions use the MPC, or Model Penal Code, which is a set of definitions, crimes and penalties from the ALI, or American Law Institute. Some states use the entire code, but some make changes, using the definitions within the code to determine whether the defendant meets the elements of a defense or crime. Visit us online
On self-defense, the code says that force is justified when a person fears for their life, or when they need to protect themselves against someone else’s use of deadly force. In short, a person making a self-defense claim has to prove that their safety was immediately threatened.
The “Battered Woman” Defense
Many courts are now allowing this as a case of self-defense, but it is problematic as it fails to fulfill the immediacy rule under MCP and common law. Here, expert witnesses must testify as to how the victim’s psyche was impacted by the abuse. Rather than seeing an immediate danger, a woman striking back at her abuser can use the continued threat as a legitimate defense.
No matter the jurisdiction or the circumstances of a case, the key to a successful self-defense claim is to prove its seriousness, necessity and immediacy. A defendant and their Criminal Defense Attorney in Burlington, WA must prove that there was a danger of death or bodily harm. They must prove that the danger was imminent, and that fighting back was the only option.
