A criminal charge of assault is a serious matter. Dealing with this type of charge can be distressing, particularly when the allegation of assault has been made by a family member. If you did not instigate a physical altercation, you may be able to successfully refute the charges by proving that you were acting in self-defense.
The Elements of Self-Defense
In the state of Indiana, a defendant generally needs to show the following elements in order to prove self-defense:
• You were in a place where you had the right to be
• You did not instigate violence
• You had a reasonable fear of death or great bodily harm
An Indiana domestic violence attorney can review the facts of your case with you to ensure that you can show off these elements.
Reasonable Use of Force
Any harm against another person must be proportionate to the harm that people are trying to defend themselves against. In other words, responding to a slap by using a deadly weapon may not necessarily be a reasonable use of force when claiming self-defense. However, a judge or jury may take mitigating factors into account in evaluating the reasonableness of force. For example, an Indiana domestic violence attorney could argue that a defendant had to use a weapon because his or her assailant was greater in size and strength.
The Right to Stand Your Ground
In some states, defendants must show that they were unable to retreat in order to claim self-defense. In Indiana, individuals do not have a duty to retreat. Instead, they may stand their ground when they perceive imminent physical harm. Ultimately, you have the right to defend yourself against a violent assault, even if it results in harm to another person.
If you need a domestic violence attorney in Indiana, reach out to an experienced litigator. Contact Potts Law at (317) 951-0087 or fill out the online contact form.
