Facing criminal charges is an overwhelming and stressful experience, especially when your actions were taken in self-defense. Many people find themselves in legal trouble after defending themselves from an attack, unsure of how the law applies to their situation. If this sounds like you, understanding how self-defense is treated under the law is critical.
At Marc Lopez Law Firm, we have extensive experience handling self-defense cases. Whether you were involved in a physical altercation or had to use force to protect yourself, we are here to fight for your rights. This guide will walk you through the basics of self-defense laws, the burden of proof, and how we can help you navigate the legal system to achieve the best possible outcome.
What Is Self-Defense?
Self-defense is a legal justification used in criminal cases to explain why someone used force against another person. It acknowledges that while an individual may have committed an act of violence, their actions were necessary to protect themselves, or others, from imminent harm.
The concept of self-defense is most commonly used in cases involving:
- Battery and Assault – A person hits or injures someone but claims it was necessary to stop an attack.
- Domestic Violence Disputes – A person fights back against a violent partner in an effort to defend themselves.
- Bar Fights or Street Altercations – Someone uses force after being threatened or physically attacked.
While self-defense is a valid legal defense, it is not a free pass to use violence. There are strict legal guidelines that determine when and how self-defense applies.
Three Key Elements of Self-Defense
To successfully claim self-defense in a criminal case, the following three elements must be present:
1. You Must Be in a Place Where You Are Legally Allowed to Be
One of the most fundamental rules of self-defense is that you must have the right to be in the location where the incident occurred. If you were trespassing, unlawfully entering someone’s home, or engaging in illegal activity, your self-defense claim might not hold up in court.
For example:
- If you are attacked while sitting at a restaurant, you have the right to defend yourself because you are legally allowed to be there.
- If you break into someone’s house and get into a fight, self-defense may not apply because you were not lawfully present.
2. Your Belief in the Threat Must Be Both Subjectively and Objectively Reasonable
The second key element is that your belief that force was necessary must be reasonable. The law looks at this in two ways:
- Subjective Reasonableness – Did you, personally, believe you were in immediate danger?
- Objective Reasonableness – Would a reasonable person in the same situation also believe they were in danger?
For example:
- If someone rushes at you with a knife, most people would agree that it is reasonable to believe you are in immediate danger and need to defend yourself.
- If someone insults you but makes no move to physically harm you, it is not reasonable to believe you are in danger, and attacking them would not be considered self-defense.
3. Your Use of Force Must Be Proportional to the Threat
You cannot use excessive force when defending yourself. The law requires that the amount of force you use matches the level of threat you face.
For example:
- If someone tries to punch you, punching them back could be considered reasonable self-defense.
- If someone slaps you, but you pull out a gun and shoot them, that would be excessive force and likely result in criminal charges.
The only time deadly force is justified is when you honestly and reasonably believe that deadly force is about to be used against you.
Who Has the Burden of Proof in a Self-Defense Case?
One of the most misunderstood aspects of self-defense cases is the burden of proof. Many people assume that they have to prove they acted in self-defense. However, under Indiana law, once self-defense is raised as an argument, the burden shifts to the prosecution.
What This Means for Your Case
Once your attorney raises self-defense as a defense, the prosecution must prove beyond a reasonable doubt that your actions were not justified. This means they must disprove at least one of the three key elements of self-defense:
- They may argue you were not legally present where the altercation occurred.
- They may argue your belief of harm was not reasonable.
- They may argue that you used excessive force.
Because the burden shifts to the state, a strong defense attorney can force the prosecution to work harder to prove their case, which can lead to a dismissal, reduction of charges, or an acquittal at trial.
Common Scenarios Where Self-Defense May Apply
Self-defense is often relevant in several types of cases, including:
1. Domestic Violence Cases
Many people charged with domestic battery were simply defending themselves against an abusive partner. If you fought back because you believed you were in danger, self-defense may be a valid defense.
2. Bar Fights or Street Altercations
Fights often break out in bars, nightclubs, or on the street. If someone throws the first punch and you respond with equal force to defend yourself, that could be self-defense.
3. Road Rage Incidents
If another driver gets out of their car and aggressively approaches you, you may need to use force to protect yourself from an attack.
4. Home Invasions
If someone breaks into your home, you have the right to use force to defend yourself and your family. Indiana’s Castle Doctrine provides additional legal protection for self-defense inside your home.
How the Marc Lopez Law Firm Can Help You
At the Marc Lopez Law Firm, we love self-defense cases because they allow us to tell your side of the story. We understand how to present self-defense claims in a way that forces the prosecution to work harder and gives you the best chance of winning your case.
What We Do for Our Clients:
- Case Investigation – We gather all evidence, including videos, witness statements, and police reports, to build your defense.
- Experienced Negotiation – We deal with prosecutors day in and day and know how to sell a client’s version of events.
- Aggressive Trial Representation – We are experienced trial attorneys ready to fight for your rights in court.
Final Thoughts: Always Plead the Fifth!
If you are involved in any criminal investigation, do not talk to the police without a lawyer. You have the right to remain silent and should always plead the Fifth Amendment until you speak with an attorney.
At the Marc Lopez Law Firm, we know self-defense law inside and out, and we will fight to protect your rights and your future. Call us today at 317-632-3642, and remember—always plead the Fifth!
