The concept of self defense has had many meanings to many people over the years. Some construe it liberally and others take a more conservative interpretation, but one thing is certain, self defense is one of the few American bedrock legal defenses that has withstood the tests of time. If you have been charged with a crime where you believe self-defense is evident, contact Indiana self-defense attorney Kevin Potts today.
Under Indiana Code 35-41-3-2, our legislature introduces the self defense statute by recognizing the “long standing right of a citizen to protect his or her home against unlawful intrusion…that the people of this state have a right to defend themselves and third parties from physical harm and crime.”
Let’s take a closer look at the specific statute and how the elements of the self defense law are broken down:
I.C. 35-41-3-2 reads in part:
(c) A person is justified in using reasonable force against any other person to protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force. However, a person:
(1) is justified in using deadly force; and
(2) does not have a duty to retreat;
if the person reasonably believes that that force is necessary to prevent serious bodily injury to the person or a third person or the commission of a forcible felony. No person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting the person or a third person by reasonable means necessary.
One common term you will find in this statute, that is repeated a few times is the concept of ‘reasonableness’. In order to properly claim self defense you must satisfy two different elements of reasonableness. First, the force itself that the party claiming self defense is using, must be reasonable in relation to the force that is used or perceived to be used against them. Secondly, the belief that the party claiming self defense has of the imminent use of unlawful force must also be reasonable.
In other words, to properly claim self defense, that party must use only that amount of force reasonable in relation to the force shown upon them, and that party’s belief that the opposing party will unlawfully harm them, must also be reasonable.
The same duel reasonableness concept applies to the use of deadly force in defending yourself or others. You are justified in using deadly force against another so long as you have a reasonable belief that the force you are using is necessary to prevent serious bodily injury to yourself or others. In other words, you reasonably believe that another person is going to seriously harm you and that your use of deadly force is reasonable in light of whatever means the other person is using to harm you.
This is what you must prove at trial in order to have been legally justified in whatever action you took against another person.
So how would all of this play out in court?
If your attorney is unable to persuade the prosecution before trial of your lawful claim of self defense, then chances are you will need to litigate these matters to either a jury or a judge in a bench trial.
At trial your attorney will need to prove the following to win a claim of self defense:
1) That you were in a place you had a right to be
2) That you acted without fault; that you did not provoke, instigate or participate willingly in the violence
3) That you acted in reasonable fear or apprehension of death or great bodily harm
4) And finally the elements of self-defense as outlined above.
The initial burden of proof for self defense will fall on the defendant. After establishing these elements, the prosecution will be required to disprove one of these elements beyond a reasonable doubt in order to disprove the self defense argument.
Most self defense cases require the need to litigate at trial due to the fact that the vast majority of them involve the testimony of civilian witnesses on both sides. There is much pre-trial litigation and trial prep work that must be done in order to successfully win a self defense case at trial including depositions of witnesses, discovery investigations and third party subpoenas for additional discovery just to name a few.
If you have been charged with a crime involving the use of self defense, you need an experienced trial lawyer at your side who has litigated these specific types of crimes before. Kevin Potts, owner of Potts Law LLC is a former major felony prosecutor and trial lawyer who has litigated the highest levels of offenses in Indiana and is willing to fight for your cause. Contact Indiana self-defense attorney Potts Law LLC today for your free consultation: 317-951-0087 kevin@pottslawllc.com or fill out the convenient online form.
www.PottsLawLLC.com
