LEGAL BRIEF
Self-Defense and Defense of Others
This Self-Defense Tip Courtesy Justia Law
Self-defense and defense of others are two criminal defenses used when a criminal defendant commits a criminal act but believes he or she was justified in doing so .
Although our legal system generally discourages the use of force or violence against others , courts have recognized that all individuals have the right to protect themselves from harm and may use reasonable force in order to do so .
Likewise , the defense of others defense also recognizes the right to use reasonable force in defense of others who are threatened .
Imminent Threat
For both self-defense and defense of others , the threat faced must have been imminent such that it put the criminal defendant , or the one he or she was defending , in fear of immediate harm .
This can be accomplished through words that imply a threat of force or an actual show of force . However , mere offensive language is not enough to support a claim for self-defense .
Additionally , the defense of self-defense or defense of others is available only while the threat is ongoing . After the threat has ended , the use of force is no longer appropriate . This would be considered an act of retaliation , as opposed to self-defense .
Reasonable Fear
In addition to the threat being imminent , both self-defense and defense of others require that the fear that caused the criminal defendant to act with force was reasonable . This means that fear is assessed according to the reasonableperson standard , which asks what an ordinary and reasonable individual would do under the circumstances .
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