It’s accepted that people are allowed to protect themselves under the right circumstances, even if such behavior normally constitutes a crime. In this country’s legal system, states allow defendants to claim self-defense, with rules varying by jurisdiction. Here, potential clients will learn how criminal lawyers in Manhattan, KS will use the state’s self-defense laws to their advantage.
What Is Self-Defense?
In simple terms, self-defense is the right to prevent violence or the use of force through the use of sufficient counteracting force. While the definition seems simple, it often raises questions. For example, what’s a sufficient level of force, and how is that level exceeded? What if the victim instigated the attack? Do victims have a duty to retreat? Self-defense is complicated, and to handle situations where it may arise, the state has developed rules on how much force victims can use to protect themselves.
An Imminent Threat
As a rule, self-defense only justifies force when it’s used in response to an imminent threat. Such threats may be verbal, as long as they put a victim in fear of physical harm. An offensive word without the accompanying threat of harm does not justify the use of counteracting force, and once the threat is over, the use of force loses justification.
A Reasonable Fear of Bodily Harm
In some cases, self-defense is justifiable even if an aggressor intended no harm. The ‘reasonable person’ standard comes into play; here, a reasonable person in a similar situation must perceive an imminent threat of harm. This concept is rather abstract, but it’s one of the best defenses criminal lawyers in Manhattan, KS use to justify the use of preventive force.
Proportional Response
For a claim of self-defense to be successful, a defendant’s use of force must match the severity of the threat. Deadly force can be met with deadly force, but if a threat is relatively minor, a person cannot use enough force to cause grievous harm or death.
Call Today for Self-Defense Claim Help
Claims of self-defense are rather common and the rules surrounding them are extremely complicated. However, everything is made simpler with the advice of a competent criminal defense attorney. Call the office to request a consultation or visit website for more details. You can also watch video on their YouTube channel.
