Protecting Yourself: The Self-Defense Argument

October 5, 2020

It Was Self-Defense

Many people accused of assault or homicide claim that they acted in self-defense. This is a highly common defense, as well as a highly complicated one. You cannot simply claim self-defense and have your charges dismissed, as the state will try to prove that your conduct did not qualify as self-defense under Alabama law. If you believe that self-defense should be raised in your criminal case, you need the help of an experienced criminal defense attorney in Montgomery, like Attorney Matt Matthews, right away.

Alabama Self-Defense Laws

When you claim self-defense, you are admitting to using force against another person, though you are claiming that the force was justified because you feared imminent harm from that person. The force used generally must be proportional to the harm feared, with some exceptions. For example, if you fear that someone is going to punch you, it would not be justified to use deadly force in self-defense.

Traditionally, a person was expected to try to retreat from the situation before acting in self-defense. However, Alabama is one of 35 states that enacted Stand Your Ground laws, which no longer require someone to retreat. Instead, if you believe harm is imminent, you can protect yourself by using necessary force in Alabama.

In addition, Alabama law permits the use of deadly force in self-defense in the following situations:

●   When you believe someone else is about to use deadly force
●   When you believe someone is unlawfully trying to enter your home or vehicle
●   When you believe a burglar is about to use any physical force
●   When another person is engaging in assault, rape, robbery, or kidnapping
●   When a business is closed and an employee, owner, or another agent is engaging in certain crimes against a child
●   When someone is trying to break into a nuclear power plant

If any of the above apply, self-defense might be justification for homicide.

Imperfect Self-Defense

If you claim self-defense, the prosecutor then has the burden to prove that you were not justified in using force. This involves presenting evidence that:

●   A reasonable person would not have been in fear of imminent harm in that situation
●   You did not actually fear imminent harm
●   You used an excessive amount of force than necessary to protect yourself

If the prosecutor proves that your fear was unreasonable or that the force used was excessive, a self-defense claim will not succeed in justifying your actions and having your charges dropped. However, imperfect self-defense claims may help to reduce your sentence, fines or other penalties if you are convicted.

Contact a Montgomery Criminal Defense Attorney Right Away

Alabama law gives you the right to defend yourself from harm, and if you acted in self-defense and were charged with a violent crime, it is critical to seek the help of the right Montgomery criminal defense lawyer. Do not wait to call The Law Office of Richard F. (Matt) Matthews, Jr., today at 334-398-8408, or contact us online to discuss how Attorney Matt Matthews can help defend against your criminal charges.

No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.

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