Self-defense can be used as a legal defense when facing certain charges, such as those for assault or even homicide. A person does have a right to defend themselves or loved ones in many situations.
However, one of the most important things to remember is that the defense used must be proportional to the threat or the force being exhibited against that person. If it is disproportionate, it still could be considered a criminal act—even if the other person was originally the aggressor.
An example of how this works
For instance, say that someone approaches you and displays a firearm. They make a credible threat, saying that they’re going to shoot you or your loved ones. You are also armed, so when that person reaches for their gun, you take out your firearm to use it in self-defense.
Even if the other person passes away, you could still argue that your response was proportional to the threat against you. You genuinely feared for your life and took the steps that were necessary to protect it—even if that’s not something you initially planned to do.
On the other hand, if the same person approached you without a firearm and began yelling at you, and then they shoved you, you likely could not pull out your own firearm to defend yourself. Using a weapon against something as simple as a shove—which may not have even caused physical injury—would be a vastly disproportionate response. Therefore, you could be guilty of a crime, even though you didn’t initially engage the other person in the altercation.
If you’re facing these types of serious charges, including homicide charges, you need to know exactly what legal defense options you have and what steps to take moving forward.
