Are You Facing Criminal Charges After Acting in Self-Defense?
If you’re dealing with criminal charges because you had to protect yourself or someone else, you’re not alone. People call our office every week saying the same thing: “I only acted because I was scared for my life.”
Indiana does allow self-defense, strongly and clearly, but like every legal protection, it comes with rules. If you don’t understand those rules, the State can twist the situation and try to turn a defensive act into a criminal act.
At the Marc Lopez Law Firm, we’ve taken self-defense cases to trial. We know how prosecutors think, we know the evidence they look for, and we know how to fight back when a client acted out of genuine fear and necessity. When your freedom is on the line, having the right criminal defense attorney matters.
This guide breaks down the basics of self-defense in Indiana and explains what you need to know if you’re facing criminal charges.
What Self-Defense Means Under Indiana Law
Indiana law gives people the right to protect themselves and others when they face imminent harm. That right includes using force, but only force that is reasonable under the circumstances. When someone acts in self-defense, the law recognizes that they didn’t choose violence; they reacted to danger.
To build a valid self-defense claim in Indiana, three requirements must be met. If even one of these is missing, the State will argue that you weren’t protected by the law.
1. You Must Be Without Fault
To claim self-defense, you cannot be the one who started the fight or created the confrontation.
If you shove someone, throw the first punch, or escalate a tense situation, the State will say you were the aggressor and aggressors generally can’t claim self-defense.
Think of it this way:
If you light the fuse, you don’t get to complain when the firecracker goes off.
2. You Must Be Somewhere You’re Allowed to Be
This part is usually straightforward. If you’re in a public place, in your home, walking to your car, or otherwise in a spot you have a legal right to occupy, this requirement is met.
If you’re trespassing, knowingly or not, the analysis gets trickier. Someone who breaks into a home cannot later claim self-defense when the homeowner fights back. Your location matters, and prosecutors use this element often when trying to defeat a self-defense claim.
3. You Must Have Had a Reasonable Fear of Serious Bodily Injury
This is the heart of almost every self-defense case.
Indiana requires a reasonable fear. And this fear is judged both objectively and subjectively.
Objectively reasonable fear:
Would a normal, reasonable person in your shoes have believed they were in imminent danger?
Subjectively reasonable fear:
Did you personally believe you were about to be seriously harmed?
These cases are intensely fact-sensitive. Size differences, prior threats, verbal aggression, weapons, sudden movements, and even the general atmosphere of the moment all matter.
Someone swinging a crowbar at you? Reasonable fear.
Someone giving you a dirty look from across a bar? Probably not.
The Unofficial Fourth Requirement: No Going Overboard
Indiana law protects self-defense. It does not protect not revenge.
Your force must match the threat.
If someone pushes you and you respond with deadly force, the State will argue your reaction was excessive. If the threat is over and you choose to continue the fight, prosecutors will say you crossed the line.
A simple rule:
If the other person is backing away, running off, or otherwise no longer posing a threat, your right to use force usually ends.
This is where many self-defense cases fall apart, not because the defendant didn’t face danger, but because prosecutors argue the response was disproportionate.
Evidence Is Everything in a Self-Defense Case
Even when a person genuinely acted in self-defense, the State will not automatically accept that explanation. They investigate the injuries. They look for inconsistencies. They interview witnesses. They comb through every piece of evidence they can find.
A strong self-defense case may include:
- witness statements confirming who acted first
- video footage showing aggression or threats
- the physical size difference between parties
- injuries showing who was attacking whom
- 911 calls capturing fear or panic
- objects used as weapons
- intoxication or erratic behavior from the aggressor
And here’s a crucial point under Indiana law:
The State Must Disprove Self-Defense Beyond a Reasonable Doubt
This is one of the most powerful protections in Indiana.
If your lawyer raises self-defense the prosecutor must prove that you weren’t defending yourself.
This puts pressure on the State, and a skilled criminal defense attorney knows how to use that pressure to your advantage.
When Self-Defense Does Not Apply
Even with Indiana’s strong protections, certain situations make a self-defense claim extremely difficult:
You were the first aggressor.
Starting the fight, provoking the fight, or escalating the fight hurts any self-defense claim.
You used unreasonable force.
Self-defense doesn’t allow retaliation or punishment.
You continued using force after the threat was over.
This is where many people find themselves in trouble.
You were committing a crime when the incident happened.
Self-defense doesn’t excuse violence that takes place during criminal activity.
Even if the situation feels unfair, Indiana law has limits—and prosecutors use these limits to push for convictions.
How the Marc Lopez Law Firm Builds a Self-Defense Strategy
Defending a self-defense case is not simple. It takes experience, preparation, and a detailed understanding of how Indiana courts treat these claims. Our firm examines the case from every angle to determine the strongest path forward.
Here’s how we approach it:
1. We reconstruct what actually happened.
Who said what?
Who acted first?
What did each person do in the seconds leading up to the incident?
2. We track down evidence before it disappears.
Witnesses vanish.
Phone videos get deleted.
Memories fade.
Speed matters.
3. We highlight your fear and the threat you faced.
Self-defense cases succeed when the jury understands the danger our client believed they were in.
4. We hold the State to its burden.
The prosecutor must disprove self-defense beyond a reasonable doubt.
If they can’t, you walk out the door.
5. We prepare like we’re going to trial.
Most cases resolve before trial, but prosecutors treat your case very differently when they know your lawyer is ready, willing, and able to argue self-defense in front of a jury.
Why People Facing Criminal Charges Choose the Marc Lopez Law Firm
Clients turn to us because they want a defense team that understands self-defense law and knows how to fight. Our attorneys have successfully argued self-defense in courts across Indiana, and we know the strategies that work and the mistakes that ruin cases.
People come to us because:
- we respond quickly
- we listen instead of judging
- we explain every step of the process
- we don’t shy away from taking cases to trial
- we know how to challenge the State’s version of events
- we care about protecting your freedom, your record, and your future
No one expects to be in this situation.
But when you are, you deserve a defense team that takes your case as seriously as you do.
If You Acted in Self-Defense, You Shouldn’t Face Criminal Penalties
Criminal charges are overwhelming. They threaten your job, your family, and your future. When those charges come from a situation where you genuinely feared for your safety, the stress hits even harder.
You don’t have to go through this alone.
The Marc Lopez Law Firm has helped countless clients assert their right to self-defense and we’re ready to help you too.
Call us today at 317-632-3642
And remember—always plead the 5th.
