Big Valley Law Is Here For You

When can people fight assault charges with claims of self-defense?

On Behalf of | Oct 4, 2024 | Criminal Defense

Under Virginia state statutes, it is generally illegal for people to hurt others or intentionally put them in a state of fear for their physical safety. Situations ranging from disputes between spouses to arguments at parties may lead to an individual facing assault charges.

Those accused of assault offenses are at risk of a violent criminal record that could change what opportunities they have available in the future. A criminal record involving violent offenses can have a chilling effect on everything from employment and educational opportunities to rental housing availability. Any facing pending assault charges may want to fight those charges by taking the case to trial. Some people may try claiming that they acted in self-defense as an affirmative defense strategy.

When can people claim that they acted in self-defense in response to assault charges?

Self-defense involves the reasonable use of force

Many people claim that they acted in self-defense, but not everyone can avoid a conviction by claiming they acted to defend themselves. What could be assault in some cases may be self-defense in others. Typically, a reasonable person has to agree with the defendant that they had reason to fear for their safety or the safety of another person. They also have to agree that the amount of force used was appropriate given the circumstances.

Self-defense claims are possible in scenarios where one person already broached the physical barrier by putting their hands on another person. Direct verbal threats or threatening gestures could also potentially justify the decision to become physically aggressive toward a potential assailant.

The perspective of the defendant is not the only thing that matters in such cases. Other people typically need to feel the same degree of fear for a self-defense claim to be a viable option in a Virginia assault case.

Factors including the pre-existing relationship between the parties and even the location of the altercation can influence whether claims of self-defense could help the defendant avoid a conviction. People generally have the right to protect themselves without retreating first in cases where others force entry into their homes. Other times, there may be a duty to retreat before using force for self-defense.

Reviewing the situation that led to an arrest with a skilled criminal defense team can help those facing assault charges plan a reasonable defense strategy. Claims of self-defense can be effective in certain circumstances.

Practice Areas

Archives

FindLaw Network