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Should I Plea Self-Defense?

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In some criminal cases, the evidence of guilt is so overwhelming that it's best to make a plea such as self-defense. If you think that you could reasonably claim self-defense in your criminal trial, then read on to make sure that your situation meets all of the requirements.   

Was there an Imminent Threat?

In order to open a self-defense plea, your case must meet a few different criteria, the first of which is a proof of an imminent threat. This means that another person had likely intentions of harming you. This could be with a threatening physical gesture, or with violent words. Simple insults with no intention of physical harm will not be viable for the case. It goes a long way if you can pull security tapes or find a witness who can testify to the imminent threat. 

Was there a Reasonable Fear of Harm?

Another thing that the jury will look at is whether a sane and rational person would perceive some kind of real danger, had they been in your shoes. Was the threat that you received likely to be acted upon? Someone who was uttering intentions to harm you but was walking away in reality, for instance, would not be someone that you would perceive was going to harm you. On the other hand, someone who was escalating their threats while approaching you may have intended to really harm you. 

Did You Respond Proportionately?

The next criterion is whether you responded to the threat in a reasonable way. The amount of force you used must be proportionate to the amount of force that you perceived would be used against you. This may be up to your lawyer to argue convincingly. 

Do You Have a Great Lawyer?

Self-defense pleas can be tricky. You must successfully prove that you meet all of the criteria for a legal self-defense plea. Then, you must be able to negotiate a reasonable penalty for the crime at hand. Having an experienced criminal defense attorney is one key to a successful self-defense plea. When you're choosing a lawyer for the case, look for someone who has expertise in winning self-defense cases, in particular. These criminal attorneys will be able to prepare you for the lines of questioning that you'll often find in a self-defense trial. They will have experience in negotiating a lower penalty by presenting their clients in a positive and responsible light. In short, winning a self-defense trial requires both the right circumstances and the right lawyer (such as one from Davidson Law Center Inc). 


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