Self-Defense in a Criminal Case; All You Need To Know

Connecticut Superior Court criminal defense lawyer
Self-Defense in a Criminal Case; All You Need To Know

Self-Defense in a Criminal Case; All You Need To Know

Imagine you were involved in a brawl or a raging fight incident and charged with a felony or misdemeanor assault. You complained and insisted you were only defending yourself, but the prosecutor chose to indict you anyways. Here, it’s best to claim self-defense in a criminal case to the court and retain an attorney to represent you.

Self-defense is what is known as “a justified use of physical force.” In that, as the defendant, you agree to the prosecution’s allegations of using physical force on the other party to defend yourself, another person, or property. And further fairly claim that some facts and evidence justify your use of force.

What does the Connecticut criminal law say about Self-Defense In a Criminal Case?

In Connecticut criminal laws, though in very limited circumstances, self-defense allows using physical force in your defense, in defense of a third party, or protection of property.

What level of Physical Force can be used when defending yourself?

Often, self-defense cases stumble on this very question. However, under Connecticut’s self-defense laws, an individual is allowed to use physical force to defend himself to any degree he logically believes is necessary for such a purpose. And, of course, “in a degree he logically believes is necessary” depends on various factors.

For example, it is almost impossible a jury would consider shooting a third party a logical response or self-defense to being punched, while it’s likely you successfully claim self-defense if you defend with a gun while being attacked with a knife.

When can Deadly Physical Force be used for Self Defense in a Criminal Case?

Fair enough, you can use deadly physical force if you logically speculate that:
• the attacker is using or imminently going to use deadly physical force, or
• the assailant is causing or planning to cause great bodily harm to you, another individual, or property.

Overthrowing Self-Defense Claims in a Criminal Case

A person’s self-defense claims can be overthrown using the Duty to Retreat. To that, the defendant is not justified in using (deadly) physical force if;
• they can avoid the necessity of using (deadly) physical force with complete safety, and
• they can retreat or flee the scene easily.

In trials whereby a person incites the other person to expend physical force against them, self-defense is frequently ruled out. Self-defense cases can be so complicated. If you find yourself in a self-defense case, consult a qualified lawyer.

Christopher Llinas

J. Christopher Llinas is a Connecticut criminal defense and immigration attorney with over 25 years of legal experience. He is the founder of Iron Chris Criminal Defense & Immigration, based in Middletown, CT. Chris earned his J.D. from Franklin Pierce Law Center (now the University of New Hampshire School of Law) in 1997 and holds a B.A., magna cum laude, in English from Salisbury University. During law school he served as a teaching assistant for Civil Procedure and Constitutional Law, and competed in moot court and trial advocacy programs. He began his legal career as an Assistant Public Defender, defending clients in felony, misdemeanor, and traffic matters. He later served as an Assistant State's Attorney, prosecuting criminal and traffic cases — giving him a firsthand understanding of how the prosecution builds its case. He has also served as a law clerk, legal aid attorney, and in-house corporate counsel before dedicating his practice to criminal defense and immigration. Chris is admitted to practice in Connecticut, Maryland, the U.S. District Court, and the U.S. Court of Appeals. He is a member of the Connecticut Criminal Defense Lawyers Association, the National Association of Criminal Defense Lawyers (NACDL), the National College of DUI Defense (NCDD), and the American Immigration Lawyers Association (AILA). His practice covers DUI and OUI defense, drug charges, weapons charges, violent crimes, juvenile matters, probation violations, federal criminal defense, and immigration removal proceedings throughout Connecticut.

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