Murder Lawyer Orlando: Self Defense
- What is Self Defense? Self Defense is the act of Defending yourself or another of imminent violence. As a general rule, the Defense must meet the same level of force as the force that is put upon that individual. For example, if a person attacks you with their fists, and you pull out a machine gun and blow them away this is clearly not a valid self defense claim. In order to argue self defense there must be at least some close proximity in your action preventing their action at a reasonable level. A more difficult example of self defense is where a person is using something like their fists as a weapon, but they are much bigger, stronger and are causing serious injury…in that case a person could be more justified pulling a gun to defend themselves if they truly felt their live was in grave danger. Note, the circumstances are crucial in a self defense case.
- Self Defense as it relates to Murder: The difference between a person walking away with no consequences and a person being charged with murder is often very little. Like we discussed in the paragraph above, a person who is attacked by a very large aggressive person, who is smashing their face into the ground, and who appears to be attempting to kill them might be justified using lethal force. However, that same scenario may very easily be interpreted as a completely unreasonable use of force, where the person is arrested for murder. There are no clear cut lines here. The facts may dictate the use of deadly force in a number of situations, however the police’s view of whether it was self defense or not may be questionable. Self Defense is a question that may ultimately be left to the jury.
If you believe your murder charges are faulty, resulting from a self-defense situation, give us a call. Talk to Murder Lawyer Orlando. Smith & Eulo Law Firm, your path to justice.