Pleading Self-Defense to a Charge
Posted on March 21, 2013 in: Criminal Defense
A person has the right to protect himself or herself from someone trying to cause him or her harm. However, in the process, the victim may turn the tables and end up harming the perpetrator. Depending on the circumstances, the victim could be accused of a crime. In some cases, the victim may admit to an act but argue that it was in self-defense. A criminal defense attorney can help those facing charges in Miami build a defense.
Elements of Self-Defense
In this case, a prosecutor must still prove reasonable doubt to convict the individual of a crime, but in a different fashion. Because the person is admitting to the crime, the prosecutor must prove that the victim had no need to use force to defend himself or herself or that the person used unreasonable force in protecting himself or herself.
Florida and other states have “stand your ground” laws, which allow people to justifiably use self-defense to protect themselves from harm. A person cannot claim self-defense if he or she provoked the attack and then was hurt when the other person defended himself or herself.
The use of deadly force may only be justified in cases such as when the defendant first used a lesser degree of force, but it was not enough to stop the individual attacking him or her; and a person is in imminent danger of being severely injured or killed.
Contact a Criminal Defense Lawyer
Those accused of a crime are advised to seek professional legal help. A criminal defense lawyer can help determine if the circumstances of a case allow a defendant in Miami to plead self-defense. Falk & Ross Law Firm is a criminal defense firm that fights for its clients’ rights. Contact us today for a free consultation at (305) 741-6997.
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