If you’ve been charged with a crime and believe you acted in self-defense, you’re likely feeling confused and overwhelmed. It’s crucial to understand what self-defense is, what’s required to claim it successfully, and how the legal process works. This blog post will walk you through the key aspects of Indiana self-defense law and explain how the Marc Lopez Law Firm can be your strongest advocate.
- What is Self-Defense in Indiana?
Self-defense is a legal justification for using force, including deadly force, to protect yourself or another person from harm. Indiana law recognizes that individuals have a right to defend themselves and others from physical harm and crime. It’s not a “get-out-of-jail-free card,” but rather a legal principle that acknowledges that in certain situations, using force is a necessary and lawful response to an immediate threat.
In Indiana, the law allows you to use “reasonable force” to protect yourself, others, and your property. Reasonable force is defined as the amount of force necessary to stop a threat. This might seem simple, but it gets complicated quickly. The law also states that a person does not have a duty to retreat if they reasonably believe that force is necessary to prevent serious bodily injury or a forcible felony. However, deadly force is only justifiable to prevent injury, the imminent danger of injury, or the threat of force. It is not justified to simply make an arrest or prevent escape.
It’s important to note that while Indiana law recognizes a citizen’s right to protect their home, this doesn’t diminish other self-defense rights that citizens have always had.
- What are the Requirements for a Valid Self-Defense Claim in Indiana?
To successfully claim self-defense in Indiana, you must meet all the following criteria:
- You Must Be in a Place Where You Have a Right to Be
This may sound straightforward, but it’s an important legal concept. You cannot claim self-defense if you are somewhere you are not legally allowed to be. For example, if you break into someone’s home, you cannot claim self-defense against the homeowner who is defending themselves. Similarly, if you violate a no-contact order, you are not considered to be in a place where you have a right to be, therefore you cannot claim self-defense.
- You Must Not Have Instigated or Provoked the Violence
Indiana law does not allow you to claim self-defense if you initiated the fight. You cannot start a fight and then claim self-defense unless you clearly withdraw from the fight and communicate your intent to withdraw and the other person continues or threatens to continue the unlawful action. This means that you must not have been the initial aggressor. The State can rebut a self-defense claim by showing that you were the aggressor and did not have a reasonable fear of harm. If you willingly participate in violence, this can also negate a claim of self-defense.
- You Must Have a Reasonable Fear of Bodily Harm or Worse
The law requires that you have a reasonable fear of bodily harm or death. This has both a subjective and objective component.
* **Subjective Component:** You must genuinely believe that it was necessary to defend yourself. You must have honestly believed you were in danger. This means you were actually scared and felt the need to protect yourself.
* **Objective Component:** Your belief must be one that a reasonable person would have had under the same circumstances. In other words, a reasonable person, in your situation, would also have felt the need to defend themselves. This means that a jury will look at the circumstances from your perspective to determine whether the perceived danger was reasonable. The belief of imminent danger does not need to be actual, but you must reasonably believe that it exists.
The jury will consider whether you faced apparent danger that caused you to fear death or bodily harm. Factors like the other person’s actions, words, and reputation can be relevant. The jury may reject your version of events entirely if it is not credible.
- The Force You Used Must Be Proportionate to the Urgency of the Situation
The force you use must be reasonable and appropriate to the threat you face. If you use excessive force, your self-defense claim will fail. For example, if someone pushes you, using deadly force is likely disproportionate. If you use more force than necessary to repel an attack, you may be considered the perpetrator. Deadly force is justified only to prevent injury or the imminent danger of injury or force. If the danger passes, the right of self-defense also passes.
It is important to note that if the victim has been neutralized, further action is not considered self-defense. Further, Indiana law is clear that firing multiple shots, once the threat is neutralized, can undermine a claim of self-defense.
Special Considerations:
- Defense of Property: You can use reasonable force, including deadly force, to defend your dwelling, curtilage, or occupied vehicle from unlawful entry. However, deadly force is not justifiable against a trespasser if there is not an imminent threat. For other property, you may use reasonable force but not deadly force, unless justified by the requirements for defense of self or others.
- Citizen’s Arrest: A private citizen can make an arrest for a felony that has been committed. However, deadly force is only permitted if justified under the rules of self-defense.
- Defense Against a Public Servant: A person may use reasonable force to protect themselves from the unlawful use of force by a public servant. However, this does not apply if the public servant is acting lawfully.
- “Stand Your Ground” Law: Indiana law does not require you to retreat before using force in self-defense if you are in a place you have a right to be.
- Who Has the Burden of Proof in a Self-Defense Case?
In Indiana, the burden of proof in a self-defense case shifts once the defense is raised. Here’s how it works:
- The Initial Burden is on the Defense
When you are charged with a crime, it is your responsibility to bring up the claim that you acted in self-defense. This is called an “affirmative defense.” This means that you are acknowledging the actions you took, but you are arguing that there was a valid justification for your actions.
- The Burden Shifts to the State
Once the issue of self-defense has been raised, the state must then prove beyond a reasonable doubt that you did not act in self-defense. The state must disprove at least one element of the self-defense claim. This can be done with evidence presented in their case-in-chief or by rebutting the evidence offered by you. This means the state has to prove that you were not in a place where you had a right to be, that you started the fight, that you did not have a reasonable fear of injury or that the force you used was not proportional.
This is a significant advantage for the defense because, as you know if you’ve ever felt the pressure of being accused of something, it can be very difficult to prove that something didn’t happen. It shifts the perspective of having to prove your innocence to having the state prove your guilt beyond a reasonable doubt. If the state fails to disprove self-defense, you cannot be convicted of the crime.
- The Role of a Jury
The question of self-defense is a question of fact for a jury to determine. Whether reasonable force was used is also a question of fact for the jury. The jury must consider evidence from your perspective to determine if you had a good faith fear of death or bodily harm. The jury can choose to not believe your version of events.
It’s essential to understand that the jury will be instructed on all the elements of self-defense and the State’s burden of proof.
- Why Choose the Marc Lopez Law Firm?
Self-defense cases are complex and require a deep understanding of Indiana law. The attorneys at the Marc Lopez Law Firm are highly experienced in handling these types of cases. Here’s why we’re the best choice to represent you:
- Experienced in Self-Defense Law: We have a proven track record of success in defending clients using self-defense claims.
- Strategic Approach: We develop a strategic approach tailored to your specific case, carefully analyzing the facts to build the strongest defense possible.
- Experienced Trial Attorneys: We are experienced trial attorneys who understand how to present your case effectively to a jury.
- Shifting the Burden: We understand the nuances of shifting the burden of proof onto the state and will use this to your advantage.
- Compassionate Support: We understand that facing criminal charges is a difficult experience, and we will provide you with compassionate support throughout the legal process.
- Deep Understanding of Jury Instructions: We have a deep knowledge of jury instructions and will fight to make sure the jury is given proper instructions.
- Commitment: We take self-defense cases very seriously and are dedicated to helping clients who have been charged with a crime when they acted to protect themselves.
Conclusion:
If you believe you acted in self-defense, it’s vital to seek legal counsel from attorneys who are experienced in this area of law. The Marc Lopez Law Firm is here to provide the experience, strategic approach, and compassionate support you need. Self-defense can be a powerful defense, but it requires a detailed understanding of the law, and the burden on the State to disprove your claim is critical.
Don’t face these charges alone. Contact the Marc Lopez Law Firm today for a consultation. We are available to answer your questions and help you understand your options. Call us at 317-632-3642, and remember—always plead the Fifth!
