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Self-Defense in a Criminal Case; All You Need To Know

Imagine you were involved in a brawl or a raging fight incident and charged with a felony or misdemeanor assault. You complained and insisted you were only defending yourself, but the prosecutor chose to indict you anyways. Here, it’s best to claim self-defense in a criminal case to the court and retain an attorney to represent you.

Self-defense is what is known as “a justified use of physical force.” In that, as the defendant, you agree to the prosecution’s allegations of using physical force on the other party to defend yourself, another person, or property. And further fairly claim that some facts and evidence justify your use of force.

What does the Connecticut criminal law say about Self-Defense In a Criminal Case?

In Connecticut criminal laws, though in very limited circumstances, self-defense allows using physical force in your defense, in defense of a third party, or protection of property.

What level of Physical Force can be used when defending yourself?

Often, self-defense cases stumble on this very question. However, under Connecticut’s self-defense laws, an individual is allowed to use physical force to defend himself to any degree he logically believes is necessary for such a purpose. And, of course, “in a degree he logically believes is necessary” depends on various factors.

For example, it is almost impossible a jury would consider shooting a third party a logical response or self-defense to being punched, while it’s likely you successfully claim self-defense if you defend with a gun while being attacked with a knife.

When can Deadly Physical Force be used for Self Defense in a Criminal Case?

Fair enough, you can use deadly physical force if you logically speculate that:
• the attacker is using or imminently going to use deadly physical force, or
• the assailant is causing or planning to cause great bodily harm to you, another individual, or property.

Overthrowing Self-Defense Claims in a Criminal Case

A person’s self-defense claims can be overthrown using the Duty to Retreat. To that, the defendant is not justified in using (deadly) physical force if;
• they can avoid the necessity of using (deadly) physical force with complete safety, and
• they can retreat or flee the scene easily.

In trials whereby a person incites the other person to expend physical force against them, self-defense is frequently ruled out. Self-defense cases can be so complicated. If you find yourself in a self-defense case, consult a qualified lawyer.

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