Self Defense Overview - General Criminal Law

It’s universally accepted that a person may protect themselves from harm under the appropriate circumstances even if such protection would normally constitute a crime. All states and the federal government permit the use of a Self Defense Argument when accused of a violent crime. When is Self Defense Justified? - In response to an immediate physical threat - Verbal threat only when the victim has been placed in an immediate fear of physical harm - No longer justified once the threat has ended and would be considered retaliatory rather than self-defense Imperfect Self-defense is when a person uses force to defend themselves from a perceived threat rather than an objectively reasonable threat - Does not excuse the accused from a crime of violence but, - It can lessen the penalties and charges involved - Not all states recognize an imperfect self defense Proportional Response is a doctrine which holds that the use of self-defense must also match the level of the threat in question. Duty to Retreat is a doctrine that requires an attempt to avoid the violence before using physical force. - Most states have removed this rule for instances involving the use of nonlethal force - Many states still require an attempt to escape the situation before applying lethal force Stand Your Ground laws remove the duty to retreat and allow for a claim of self-defense even if the claimant did nothing to flee from the threat of violence. - Most commonly applied to the use of nonlethal force - States are split on this rule when lethal force has been applied Castle Doctrine permits the use of deadly force against someone who unlawfully enters the home. - Comes from the belief that a Man’s Home is His Castle - Even the more conservative states acknowledge this doctrine