What you need to know about self defense if you’re charged with a violent felony or misdemeanor crime

Our criminal defense law firm represents individuals charged with violent felony and misdemeanor crimes and offenses in Pennsylvania and New Jersey. The critical issue in many of these cases is often self-defense. Self-defense, however, must be brought into trial through testimony (evidence) by the accused’s criminal defense lawyer.

Who must introduce the issue of self-defense into a criminal trial?

While the defense has no burden to prove self-defense, it must be raised by them. The burden goes to the Commonwealth or the State once the defense makes this argument. If the defense introduces this argument, the prosecution must establish beyond a reasonable doubt that the defendant was not justifiable in self-defense.

How can the prosecution attack a self defense argument? 

In these situations, the prosecution must establish at least one of the following:

• The defendant did not reasonably believe that he was in danger of death or seriously bodily injury.

• The defendant provoked or continued to use force.
• The defendant had a duty to retreat, and retreat was possible with complete safety.

If the prosecution can establish one (1) of the three (3) issues stated above it can negate the defense argument that the accused did not reasonably believe he or she was in imminent danger of death, or bodily injury and the use of deadly force was not justified.

What must the defense show in its self defense argument? 

The accused person must have a reasonable belief that he is in imminent danger. There are two (2) aspects of this issue, one is subjective, and the other is objective.

First the defendant must act out of an honest belief that he or she was in imminent danger, which involves a consideration of his or her subjective state of mind, and two the defendant’s belief that he or she needed to defend themself with deadly force, must be reasonable in the light of the facts as they appear to the defendant. This second part is an objective analysis.

Self Defense, Provocation or Escalation

To claim self-defense the accused must be free of any behavior which would indicate that he or she provoked or escalated an altercation which led to the use of deadly force.

The prosecution can also defeat a self-defense argument by proving that the defendant used more force then reasonably necessary to protect himself or herself against death or serious bodily injury.

What factors will a judge or jury consider during a criminal trial where the defense asserts a self defense argument? 

To determine if deadly force is reasonable there are a number of factors which a Judge or jury should consider.

• Whether the victim was armed
• Physical contact
• The size and strength comparatives
• Disparities between the parties (height and weight)
• Prior dealings between the parties
• Threatening or menacing actions on the part of the victim
• General circumstances surrounding the incident

Our criminal defense law firm welcomes opportunity to represent you!