If you’ve been arrested after standing up for yourself or someone else, you may be wondering what happened. After all, Indiana is clear on where it stands: “[I]t is the policy of this state” to preserve a citizen’s right to protect themselves, their home, and others from harm and crime. That’s straight from Indiana Code § 35-41-3-2(a).
But that’s not a blank check. Indiana self-defense law comes with rules. If you use more force than the law allows or instigate the need to use force, you could be trading your defense for a criminal conviction.
At the Marc Lopez Law Firm, we know how powerful a self-defense claim can be. We also know how fast it can fall apart. Here’s what you need to know before you rely on it.
Indiana’s Self-Defense Law: Know the Basics
Indiana Code § 35-41-3-2 outlines the framework for when and how you can legally use force to protect yourself or others. Self-defense is what’s known as an affirmative defense, meaning you’re admitting something happened, but you’re saying it was legally justified.
Once you raise the issue, the burden shifts to the State. Prosecutors must prove beyond a reasonable doubt that your actions weren’t lawful. But before we get to that point, your behavior needs to check a few legal boxes.
You’re Only Protected If You Follow the Rules of Self-Defense
Under Ind. Code § 35-41-3-2(g), the law clearly states that force is not justified in three scenarios:
- If you’re committing a crime when it happens;
- If you provoke the attack;
- If you’re the initial aggressor.
That means if you start the fight, or throw the first punch, or engage in criminal activity (even something as “minor” as shoplifting), self-defense is off the table. If you back off and the other person keeps coming, things might shift. But don’t count on the jury to sort that out in your favor without help from an attorney.
Reasonable Force Means Proportional Force
The biggest trap we see in self-defense cases is the misuse of force. Just because someone gets in your face doesn’t mean you can escalate things to a deadly level. Self-defense is only valid if the force you use is reasonable under the law.
Ind. Code § 35-41-3-2(c) states that a person is justified in using only the amount of force “reasonable to believe is necessary” to stop what’s happening. But what’s considered reasonable?
The Indiana Supreme Court clarified this in Turner v. State, 253 N.E.3d 526, 535 (Ind. 2025). The Court explained that there are two components to reasonableness:
- Subjective Reasonableness: You personally believed force was necessary based on your situation at the time it unfolded.
- Objective Reasonableness: An ordinary person in your shoes would have come to the same conclusion.
Both elements must be present. If you felt scared but no one else would have reacted the same way, your claim might not stand.
Use Too Much Force, and Your Defense Disappears
Even if you have a valid reason to act, the force you use has to match the threat. In other words, you can’t bring a gun to a shouting match.
As the Court of Appeals put it in Weedman v. State, 21 N.E.3d 873, 892 (Ind. Ct. App. 2014):
“Where a person has used more force than necessary to repel an attack the right to self-defense is extinguished, and the ultimate result is that the victim then becomes the perpetrator.”
If someone’s yelling and acting aggressive but unarmed, it’s a stretch to claim you had to draw a weapon. That may be fear, but it isn’t legal justification. The moment you overreact, self-defense becomes prosecution evidence.
Real-World Examples of Proportionality
- Scenario 1: Legitimate Self-Defense
Someone rushes at you with a knife. You draw your own weapon and defend yourself. You were where you were allowed to be. You didn’t provoke it. You reasonably feared deadly harm. That’s a textbook self-defense case. - Scenario 2: Defense Gone Wrong
Someone pokes you during an argument. You pull out a bat and start swinging. You’ve escalated beyond what’s reasonable. That’s excessive force, and your self-defense claim is probably gone. - Scenario 3: You Started It
You throw a drink at someone at a bar. They lunge at you, and you fight back. Doesn’t matter how scared you were, the law says you can’t claim self-defense if you started it. Some exceptions apply.
The Jury Decides What’s Reasonable
Self-defense isn’t a magic phrase that makes charges disappear. Even when you follow the rules, the question of whether your actions were justified is ultimately decided by a jury. They’ll consider:
- Were you in a place you had a legal right to be?
- Did you act reasonably under the circumstances?
- Did you match force with force or go too far?
You don’t get to answer these questions for yourself. The prosecutor will try to convince the jury you overreacted. Your lawyer’s job is to show you were justified.
Don’t Let the Law Misunderstand You
You may have had good reasons for what you did, but those reasons need to be backed by the law. Even a lawful use of force can look like aggression without the right legal context. That’s why it’s critical to have an experienced Indiana criminal defense attorney.
Call the Marc Lopez Law Firm Today
If you’re facing criminal charges after defending yourself or someone else, don’t try to navigate it alone. The rules around self-defense are strict, and the stakes couldn’t be higher.
The attorneys at the Marc Lopez Law Firm know Indiana law inside and out. We’ve helped countless clients assert their right to self-defense and we can help you too.
Call 317-632-3642 today
And remember: always plead the 5th