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What Is The Self-Defense Defense In An Assault Case?

  • By: Donald J. Matson, Esq.
  • Published: August 16, 2021
What Is The Self-Defense Defense In An Assault Case?

The human body has an instinctual fight or flight response that can occur when a person is in a dangerous or highly stressful situation. In cases where a person feels they are in a life-or-death matter, the desire to survive no matter what is a primitive impulse that can result in behavior abnormal for that person. For example, a non-violent person may use lethal force to protect themselves in a fight.

Self defense laws exist for this reason. If you’ve been charged with assault, battery, or another violent crime, you may be able to use a self-defense defense strategy. Here’s what you should know.

Do I Have The Right To Defend Myself?

Because humans have a natural fight response when faced with danger, people may have the right to defend themselves when the situation calls for it. That said, if your actions resulted in the harm of someone else or even their death, you’ll need to demonstrate that your actions were provoked and reasonably necessary for your protection.

Providing Evidence For Self Defense

You’ll need to have sufficient evidence that you acted in self-defense and had a viable reason to. If you are unable to demonstrate how the other person was provoking or threatening you enough that you had to reasonably act to protect yourself, you may not win your case. Examples of evidence include but are not limited to:

  • Video footage of the fight, captured either by witness cell phones or CCTV security cameras
  • Statements from witnesses who saw the incident
  • Any medical documents you may have if you were treated in the hospital or at a doctor’s office for offensive wounds caused by the other person
  • A police report where law enforcement was notified of a person breaking and entering

Reach Out For Help From a Texas Criminal Defense Lawyer Today

If you’ve been charged with assault and battery, your future and rights are on the line. It’s important that you secure reliable, trustworthy legal representation as soon as possible. At Segura & Kiatta, LLP, we have the skills needed to offer you zealous advocacy no matter what crime you were charged with. We believe in preserving the Constitutional rights of Americans in the criminal justice system, and we can help you too. Call our office today to book your consultation with one of our experienced Texas criminal defense attorneys at (626) 600-3437.

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