All kinds of situations can lead to charges of assault and battery – and the defenses available to you can be just as variable, but claims of self-defense are common.
Before using this as your defense strategy, there are a few things to know about California law and when this defense is applicable. Understanding how it works will help you use this legal defense to its full potential.
Does self-defense make sense for your criminal charges?
There are a few situations when you have the right to claim self-defense when facing assault and battery charges. For example, if you fear that you are in imminent danger of injury or death or that someone in your family is in danger of this, then self-defense may be valid.
To determine if self-defense may be a viable option for your criminal charge, consider a few things:
- Why did you have to act against another person?
- Were they threatening you or your family?
- Did you feel like you were in danger?
- Did you believe they had a weapon or object that could cause harm?
You have the right to defend yourself when you are in danger or threatened. If this is what happened, then self-defense is a smart strategy to use.
Protecting your rights and freedom when you’re facing DV charges
Knowing what defense applies to your case and situation is important when facing criminal charges. Since every situation is unique, you should carefully discuss both the circumstances that led to your arrest and your legal options with your defense team before you decide how to proceed.