If you have been in a fight, you might be in a situation where you sit in an attorney’s office and know that whatever happened, you acted in self-defense – but – the police chose to respond differently. On that note, you might want to know some defense strategies for assault charges and know when self-defense comes into play.
In other words, you should know when the use of force is justified and when things might cross the line over to assault.
When Is It Justified to Use Force Against Another Person
According to most state laws, it is justified to use force against another person when you believe it is absolutely necessary to defend yourself as a way to protect yourself. In this context, you are entitled to use force to the same degree as the other person coming at you, as well as the other person’s attempted use of illegal force against you.
Let us explore some situations where it is justified to use force against someone else.
Situation #1: Someone Entered Your House Unlawfully
The first situation where you are justified to use force against another party is when they have unlawfully entered your house. They might as well have unlawfully entered your car or your place of business. Also, they have come at you very aggressively.
Situation #2: Someone Removed You From Your House
Another situation is where someone has unlawfully removed you from your house or car. They might as well have unlawfully removed you from your place of business or place of employment. While they were at it, they might have done so forcefully or aggressively.
Situation #3: Someone Commits Aggravated Offense
Also, there can be a situation where a third party commits an aggravated offense against you, such as the following:
- Kidnapping
- Sexual assault
- Murder attempt
- Robbery
Now, understandably, these are the top three scenarios where you see self-defense naturally kick in. It is important to mention here that an assault is only considered self-defense if the assault or actions of someone else were not provoked by you. Simply put, to win the case, you don’t want there to be any provocation or not baiting someone to get into a fight and then claim there was self-defense.
Also, you must not have been otherwise engaged in criminal activity at the time the offense was taking place.
When Is It Okay to Use Force Against Someone?
You can be in a situation where tensions get a little out of hand, and emotions can get a little out of hand, too. Suddenly, you get into a situation where you want to back your way out of it. With that said, if you provoke another party but abandon that provocation where you clearly communicate that you aren’t looking for a fight, but the other person continues to be aggressive – you can act in self-defense.
However, in such a situation, you have to clearly abandon the provocation part. Additionally, you might be justified in using force to prevent someone from committing suicide or causing serious physical injury to themselves. You can also use force, including deadly force, against someone else to immediately or necessarily preserve someone else’s life.
Do You Have A Duty to Retreat?
Some states have the duty to retreat before the use of force, whereas others follow the law of “stand your ground.” If you live in a state where you have a duty to retreat, what happens is that if you get into an altercation with someone – you have the requirement to leave. In other places, such as Pittsburgh, you have no duty to retreat, which is also referred to as “stand your ground.”
You might have heard the analogy that your house is your castle, and in Pittsburgh and some other states, this is the lawful case, which gives you the right to defend your home. The law then doesn’t require you to retreat from anyone who is being aggressive and threatening towards you in your home. So, if it does happen in Pittsburgh and you find yourself in a situation where you acted out of self-defense, you might want to contact the Pittsburgh Aggravated Assault Attorneys and get legal expert representation that can help you build a strong defense and have a favorable outcome.
Your Rights in a Stand-Your-Ground Situation
Stand your ground, also referred to as “no duty to retreat,” allows you the use of equal as well as the deadly use of force when you reasonably believe that someone is attempting to use force in order to illegally enter your home or your grounds. For instance, if a robber breaks into your house in the middle of the night, you are legally allowed to fire away as the robber is not allowed to be in your home.
On that note, it is important to know the laws in your respective state so that you know what your best defense is if you find yourself even in serious and life-threatening situations.
Understanding What is Not Self-Defense
Before now, we were essentially exploring situations of self-defense; however, it is important for you to know what is not self-defense. There are some situations where self-defense is never justified in a court of law, which are also areas where people get a little confused. For instance, it is not lawfully justified to act out in self-defense when someone is only verbally provoking you.
If someone is only verbally provoking you and there is no sign of a weapon or no physical contact – the use of force will always be considered an assault. Also, if the other person brandishes or simply possesses any kind of weapon while discussing differences between them and you, it is never justified to go immediately aggressive on them or act out in some assaultive way.
Final Thoughts – Know Your Rights
No matter your circumstances, the law says that you have the right to claim self-defense when someone is being violent towards you. Generally, there is a lot of bad advice out there regarding how to handle yourself in a situation like this, which is why it is in your best interest to know what the law says in your respective state. Maybe you are charged with an assault, or maybe you are confused about what you should do or can do when you are in a situation that requires self-defense – the best you can do is to call an attorney and discuss your scenario with them.
