Persons accuse of a crime are assumed to posses criminal responsibility. It is the general concept that people are free to choose either to commit a crime or not. Sometimes this is not the case, there are situations in life where a person has no choice in the matter whether to commit a crime or not.
Sometime the law allows a person to use physical force against another, whether it is for self-preservation or the protection of another, or even to protect one’s property, these are all acceptable self-defense cases. You and your criminal defense attorney are going to have to show at least four instances of why you had to defend yourself in such an extreme way. Your criminal defense attorney will have to show the judge or jury that
(1) your confrontation was unprovoked by you,
(2) that you were in immediate danger of bodily harm,
(3) that your use of force was necessary in preventing that harm, and
(4) that the amount of force you used was reasonable.
If you were in a position were you had to defend yourself against an attack from someone you think means you bodily harm, it is up to your criminal defense attorney to prove that you had a reasonable belief the actions you used to defend yourself were necessary and just to prevent either your own death, the death of another, or serious bodily harm. The force used against you must be unlawful or improper, and directed toward you without your consent.
No comments:
Post a Comment