Self-defense is a fundamental right, but understanding the legal nuances can be crucial, especially if you find yourself in court facing charges. In Indiana, the general assembly has declared that the policy of the state recognizes that citizens have a right to protect themselves and their homes from unlawful intrusion and threats of harm. This is all outlined under Indiana Code § 35-41-3-2. However, to be valid, self-defense claims must meet specific requirements in Indiana. In this blog, we will break down the four essential elements of self-defense in Indiana, go through the relevant Indiana Statute, cover “reasonable” belief, and highlight the importance of hiring an Indiana criminal defense attorney, even when you have a valid self-defense claim.
The Four Elements
1. Right To Be At The Location
The first element in a self-defense claim is a foundational aspect of self-defense in Indiana: you must be in a place where you have the right to be. This means that if you are trespassing or have unlawfully entered a location, you cannot claim self-defense. For example, if you break into someone’s house and the homeowner defends themselves, you cannot then claim self-defense because you unlawfully entered someone else’s home. To claim self-defense, you must be lawfully present at the location.
This legal principle maintains the concept that the law does not protect wrongful acts. If you are somewhere you should not be, any actions you take, even those in self-defense, are tainted by your initial unlawful presence. With this being said, it is important to note that being in a place where you have the legal right to be extends beyond your own home. For instance, if you are attending a public event or are a guest in someone’s home with permission, you are within your rights to defend yourself if attacked. Additionally, you are allowed to defend yourself against unlawful intrusion when you are in your own occupied motor vehicle.
2. No Provocation or Instigation
In Indiana, the second element to a person claiming self-defense is the idea of no provocation or instigation. If you start a fight and then find yourself losing, you cannot escalate the situation and claim self-defense. There is one important exception: if you start a fight but then clearly retreat and indicate you no longer wish to fight, and the other person continues to attack, you may be able to claim self-defense. However, this can be a complex situation to prove and often requires witness testimony to support the claim. If you or someone you know finds yourself in a similar situation, the importance of hiring legal representation cannot be overstated.
Additionally, provocation negates self-defense claims because the law aims to deter individuals from creating violent situations. The intent behind this requirement is to encourage peaceful resolution of conflicts. Provoking a confrontation goes beyond merely engaging in a heated argument. Provocation involves actions or words intended to elicit a violent response removing the option of claiming self-defense.
3. Reasonable Fear of Bodily Harm
The third element to self-defense in Indiana is that of reasonable fear. This involves both a subjective and an objective component. Subjectively, you must genuinely believe that you are in danger. Objectively, your fear must be reasonable to an outside observer given the circumstances. This balance is crucial in legal settings, requiring an understanding of both personal fear and the expectation of a reasonable response to threats. For example, if someone is attacking you with a baseball bat, it is reasonable to fear bodily harm. However, if you overreact to a minor threat, such as if someone slaps you across the face and you take out a firearm and shoot them, your claim may not hold.
4. Proportional Use of Force
The fourth and final element involved in a self-defense claim is the proportional use of force. You cannot use excessive force in response to a minor threat. On the other hand, if justified, you are able to use deadly force to protect yourself, your home, or a third party in Indiana. The force used must match the urgency and severity of the threat. This is particularly relevant in cases where emotions run high, such as home invasions where it is easy to go overboard. Proportionality, a cornerstone of self-defense laws, ensures that the defensive actions taken are justifiable given the threat faced. As mentioned above, deadly force is allowable in Indiana under certain circumstances. This is outlined in Indiana Code § 35-41-3-2(c)-(d):
(c) A person is justified in using reasonable force against any other person to protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force. However, a person:
(1) is justified in using deadly force; and
(2) does not have a duty to retreat;
if the person reasonably believes that that force is necessary to prevent serious bodily injury to the person or a third person or the commission of a forcible felony. No person, employer, or estate of a person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting the person or a third person by reasonable means necessary.
(d) A person:
(1) is justified in using reasonable force, including deadly force, against any other person; and
(2) does not have a duty to retreat;
if the person reasonably believes that the force is necessary to prevent or terminate the other person’s unlawful entry of or attack on the person’s dwelling, curtilage, or occupied motor vehicle.
Make the Right Call
Understanding the four elements of Indiana’s self-defense law is crucial if you find yourself in a situation where you need to claim self-defense. If you or someone you know is facing charges and believe that self-defense applies, reach out to the criminal defense attorneys at the Marc Lopez Law Firm. Our Indiana attorneys have helped many clients facing charges resulting from situations where they had every right to defend themselves.
Navigating the complex situation of a self-defense claim can feel daunting, but with the right legal support, you can protect your rights and freedom. At the Marc Lopez Law Firm, we are dedicated to ensuring that our clients understand their legal rights and are adequately represented in court. Our Indiana criminal defense attorneys are here to provide you with the support and guidance you need during difficult times. Our legal team is committed to helping you navigate the legal system with confidence and protecting your rights is our top priority. For more information or to discuss your case, call the Marc Lopez Law Firm today at 317-632-3642 and remember—always plead the 5th!
