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No one wants to find themselves in a position where they are having to go to court to defend themselves, especially when it is a criminal lawsuit case that has you defending yourself against charges. One of the most common types of cases seen in courtrooms today other than personal injury claims is the self-defense case. If you are preparing for a court appearance with a self-defense case being argued, it is important to understand the ins and outs of this kind of case and equally important that you find good legal representation.
What is a Self-Defense Case?
Self-defense cases are more common than many people realize. It is a criminal case that falls under the category of what is considered an affirmative defense. With this approach, you are not arguing that you did not use force or lash out at someone, instead, you argue that doing so was legally acceptable and that you acted in what is known as self-defense. There are three general conditions where this type of self-defense argument can be made:
- It was easily seen as necessary to prevent injury or death to you or someone with you at the time.
- You were reasonably protecting others or yourself from assault, attack, or harm at the hands of another.
- You were sensibly acting to avert the pending commitment of a forcible felony or other serious crime.
If you were involved in an incident where you used self-defense, it is essential to work with an attorney or law firm that has experience with this type of case. Arguing your case on your own and representing yourself in court is a major risk. Don’t put your future in jeopardy by going at it alone, secure legal representation today, and establish the facts of the confrontation and prepare for your hearing.
Laws For Your Stand Your Ground Cases
Currently, 36 states are stand-your-ground states, 28 of which have legal statutes providing there is no duty to retreat from an attacker in any place where the individual has a legal right to be present. These states are Alabama, Alaska, Arizona, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Montana, Nevada, New Hampshire, North Carolina, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia, and Wyoming. Puerto Rico is also stand-your-ground friendly. What this means essentially is that if someone is attacked or threatened on the property they are legally allowed to be- public property, their own property, etc.- then they have the right to stand their ground and protect themselves against any threat or attack.
The remaining states either do not allow for standing your ground legal arguments or they have wording in the laws that also require an individual to take adequate steps to flee a threat if they are able to do so easily. What this means is that if someone threatens them, and there is a safe and easy way for them to simply leave the area and avoid the threat they are required to at least attempt to do so before using any excessive force or violence against the threatening individual.
Getting Your Case Represented
Many of the most infamous and debated cases in recent years, such as the Travon Martin and George Zimmerman case, fall under the stand your ground legal ruling. It is a much more common case than many realize though states that make it easier for someone to make a stand your ground argument see more cases. Florida is among the top states in the country for such cases and is also home to some of the most controversial of them all.
If you are dealing with criminal charges and are making a stand your ground argument, then you need to make sure you are preparing for the court appearance properly. If your case goes to trial, you will need to be sure you are working with a self-defense lawyer who has experience winning cases like yours. A good lawyer will do everything that they can to establish the true facts about the case and will pull on personal testimony, eyewitness reports, police reports, and the laws of the state where the incident occurred. Fighting off an aggressor who is threatening you or your family is something no one should ever have to endure. But when it does happen you shouldn’t face punishment for exercising your rights and doing the right thing by protecting your family.
Get Help For Your Self-defense Strategy
If you’re under investigation or are charged with a crime, be sure you speak to a legal representative as soon as possible. They can help you protect yourself, exercise your rights, speak on your behalf, explain the legal process, and answer your questions. Protect yourself and your family with help from skilled and experienced self-defense lawyers who can help you exercise your legal rights to stand your ground and protect yourself and your family and your possessions.
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