WHEN IS SELF DEFENSE A GOOD DEFENSE IN A CRIMINAL CASE PENDING IN LOS ANGELES?
When you talk about the concept of self defense as it relates to a criminal case the key word you have to consider is “reasonableness”. In other words, did the person who is asserting they acted in self defense act in a reasonable manner under the circumstances presented to him or her? To answer this question you have to look at how an objective person would view the situation. Would an objective fair minded person believe that a person was entitled to use the amount of force they did to defend themselves or did the person go too far. Sometimes this question is not so easily answered.
Self Defense is available for a defendant who acts in lawful, self-defense, of themselves or another, against someone who is threatening their or someone else’s personal safety. Self-Defense is considered lawful when it meets the following 3 criteria.
1. The defendant reasonably believed that they or someone else was in imminent danger of suffering bodily injury;
2. The defendant reasonably believed that the immediate use of force was necessary to defend against that danger;
3. The defendant used no more force than was reasonably necessary to defend against that danger.
WHAT IS THE KEY EVIDENCE THAT WINS OR LOSES A SELF DEFENSE CLAIM IN A CRIMINAL DEFENSE CASES?
In reviewing the above law, you will notice that the word reasonable is used a lot. This is usually where the issue comes UP when I defend these cases. Clients always believe that they acted reasonably, but if an objective person would not believe that the person charged acted reasonably, then they are going to lose the case. This is why it is so important to hire an attorney that has won jury trials in these type of cases. I have spoke to juries after a criminal case and heard what factors they looked at when deciding whether to find someone guilty or not guilty. This type of information and experience is invaluable in the defense of a criminal case. It is crucial when deciding to take a case to trial or negotiate.
I have seen first hand what it takes to win a case. The evidence that is necessary to win and the evidence that will absolutely destroy the defense’s case. Ordinary people who are not fighting criminal cases all day everyday sometimes do not get it. This is why it is so important to discuss your case from the beginning with someone that has been down the road you are about to travel. I know what the pitfalls are and what evidence it will take to win. If you have the right plan from the beginning of your case, they you chances of success increase significantly.
I can provide you with a free face to face consultation and we can discuss the specific facts of your case, without worrying about whether law enforcement will find out. Everything is confidential and in the end you will walk away with a feeling of control back.