BY Jesse Black | December 3, 2021

If you’ve been charged with domestic violence but feel like you were defending yourself from a bad situation, you might want to argue instead that it was self-defense. However, to do this, you’ll want to understand the difference between both concepts and how you can prove that your actions should be considered self-defense.

What Is Domestic Violence?

Domestic violence is a pattern of abusive behavior in any relationship that one partner uses to gain or maintain power and control over another intimate partner. Domestic violence can be physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person. In addition, it may include any crime against property, animals, or people where any type of revenge, punishment, control, or coercion is inflicted.

What Is Self-Defense?

Self-defense is a legal defense to criminal charges that occurs when a person finds themselves in an emergency situation where they have no other choice but to use force or violence. It can be used as justification for action, such as physically detaining someone (which might otherwise constitute false imprisonment), and applies when defending one’s property from intentional damage.

How Do I Prove That My Actions Were Self-Defense?

Self-defense is commonly used in criminal trials to justify the defendant’s actions. However, your attorney or lawyer will need to build a defense that shows evidence that this was self-defense, including:

You Believed You Were In Danger

The first way to prove that it was self-defense was to show that you had reasons to believe that you were in danger and needed to protect yourself. This could be demonstrated through witness testimony, evidence of past incidents, or any other form of proof that shows the abuser had a history of violence or aggression.

You might also be able to prove this through any notes in the police report, wounds on your body, or even any witnesses who can speak on behalf of each person’s behavior before the incident occurred.

No Intention Of Harm

In order to prove that it was self-defense, your attorney will also need to show that you did not have any intention of harming the other person. This can be done by providing evidence that there was no weapon involved in the altercation or showing that you only used enough force as was necessary to protect yourself from harm.

Reasonable Force Was Used

Any force used during the altercation must be shown to have been reasonable, meaning that it was enough to stop the other person from attacking or harming you and fit with your belief of what was going to occur. For example, if you were about to be punched and you punched the aggressor first to get away, this shows that reasonable force was used to help you get away from the situation.

On the other hand, if the same situation occurred but instead you decided to kill the person, this wouldn’t be considered reasonable force because many other actions could’ve been taken to stop the person from attacking without using deadly force.

If you can prove that it was self-defense, then you might be able to get your charges lowered or dismissed altogether. However, it’s essential to understand that each situation is different and will require a unique defense strategy, so it’s best to speak with an attorney who can help guide you through the process.

What Can Work Against Your Self-Defense Case?

While self-defense is a legal defense for criminal charges, some things can work against your case or leave your defense meaningless. This includes:

• Proof That You Started It: If you were the aggressor in the situation, meaning that you started or provoked the argument prior to any violence occurring then, it would be difficult for your attorney to prove that this was self-defense. For example, if you were the one who started the fight or left evidence showing premeditation (meaning you had planned to harm someone), then this could be used as proof against your claim of reasonable force.
• Failing To Call For Help: If you also did not call the police or get help immediately after defending yourself but instead walked away and went home, then this could potentially show malice (meaning an intention to hurt another person) on your part because you chose to act in secrecy rather than take responsibility for what happened.
• Consistent Story: It’s also essential that your story stays consistent because if it changes over time, then this could work against you and show that the self-defense claim is false. What you say in court should line up with the police report.
• Evidence To Back Up Your Story: Finally, your attorney will need to have proof to back up your story. This could be witness testimony, video footage, medical reports, or any other form of documentation that proves it was self-defense. However, if there is evidence that the situation didn’t occur the way you said it was done, it could create a hole in your defense.

It’s essential that attorneys carefully analyze all factors surrounding your case to ensure they can build a quality defense strategy.

How Can I Ensure I’m Charged Correctly?

Suppose you stand accused of a crime such as domestic violence or assault where allegations state you used physical force to harm another person. In that case, it’s essential to understand how best to protect yourself through legal means. Your attorney can help by building a solid defense strategy with evidence that proves your actions were justified, which may include showing proof that:

• You believed yourself in danger.
• The other party was dangerous.
• There was no intention of harming them.
• Reasonable force was used.
• No malice was intended.

If any one of these elements cannot be proven beyond reasonable doubt, then there’s a chance that your case might not hold up in court.

Conclusion

It’s important to remember that each case is different and will require a unique defense strategy. If you’re accused of using physical force against another person, it’s best to speak with an attorney who can help guide you through the legal process.