Criminal Defense Strategies: Self-Defense

The court is the legal battleground for the victim and thee accused as well as their lawyers. Even with the odds against either party, they’ll try every trick in the law book to secure a favorable verdict, if not claim unanimous victory. In this fight, a reduced sentence might as well be the coveted prize.

The defense can employ various defense tactics to help reduce the inevitable, if not avoid it entirely. One of the most popular—and perhaps controversial—is the notion of self-defense. With many Americans legally owning a gun, they won’t think twice about shooting a round or two to protect themselves from similarly-armed criminals.

While self-defense is covered under the Second Amendment, it’s not always a valid reason. According to criminal law, the use of deadly force in self-defense is only justified if:

·       The defendant was in clear, immediate danger of losing his or her life, or suffering great physical injury.

·       The defendant believed that deadly force was the only reasonable way to protect him or herself.

·       The defendant’s deadly response wasn’t overkill.

Their ambiguity opens self-defense issues to various interpretations. What constituted as “clear, immediate danger” and “overkill?” Does shooting an armed criminal with a semi-automatic rifle pass for self-defense? Would bringing a knife to a gun fight favor the former? There’s a lot to be discussed and disserted as a defense party.