Overview of the self-defense plea in a criminal assault charge
Anyone can be accused of a criminal offense. Before a sentence is imposed, a person accused of a crime will often be subjected to a trial to determine if that person is guilty of the offense. The accused has the right to establish a strong criminal defense to contest the damaging allegations. Many types of criminal defense are possible; one of which is self-defense. People accused of criminal assault may be interested to learn more about the self-defense plea and how it can help fight a criminal assault charge.
Self-defense is often used in cases where an accused person used force which was deemed necessary by that person in order to defend oneself against attack from another person, who may have died as a result of the force. When using this type of defense, the defendant must prove in court that meeting force with force was necessary to protect oneself against harm. The defendant must also prove in court that the other person involved threatened the defendant which, in turn, caused the defendant to use force as a defense. The defendant must also prove that the other party inflicted harm and therefore the use of force against the other party was necessary.
In cases where the defendant was accused of using deadly force against the victim, the defendant must prove in court that there was no other option but to use excessive force to avoid serious bodily injury or death to oneself.
There are many other types of criminal defense, aside from self-defense. Our readers should understand that a criminal defense is based on the type of charges the accused is addressing. Anyone accused of criminal charges may have their case reviewed by a criminal defense attorney who can provide insight and advice on how to deal with such charges.
Source: Nationalparalegal.edu, “Self defense,” accessed on Nov. 13, 2014