Is Self Defense Okay in a Domestic Violence Situation?

Domestic violence is a serious problem in South Carolina and throughout the nation. When domestic violence rears its ugly head, things can escalate quickly, and protecting yourself is a concern. Sometimes, self-defense is the only means of protection from serious injury, and when this is the case, the legal claim of self-defense is likely your best defense. Self-defense cases, however, are legally complex, and it’s in your best interest to have an experienced Marion criminal defense attorney on your side from the outset.

Self-Defense Defined

Self-defense refers to the legal concept of allowing people to implement the reasonable force necessary to protect themselves or others from physical harm or from the credible threat of imminent physical harm. In order to bring a successful self-defense claim, the burden of proof is on you, and you’ll need to demonstrate that the level of force you used was both necessary and reasonable, given the circumstances you were facing.

Domestic Violence

In South Carolina, domestic violence refers to inflicting injury or physical harm – or credibly threatening to do so – on a current or former member of one’s household, on a current or former spouse or romantic partner, or on someone with whom you share a child.

The Circumstances of Your Case

Your claim of self-defense can play a pivotal role in your domestic violence case, and it can be especially important if the person you were protecting yourself from is alleging abuse. Domestic violence cases often come down to one person’s word against the others, and deciphering the circumstances involved can be especially challenging.

If this is the situation you find yourself in, it’s very important to prove that your actions were the only reasonable response to the danger the other person posed. Factors that are likely to play a role in your case include all the following:

• How serious the threat posed by the other person was
• Any history of violence between the two of you
• How proportionate your response was in relation to the risk faced – in other words, whether your reaction was reasonable under the difficult circumstances involved
• Whether or not you had a reasonable opportunity to retreat and, thus, avoid engaging in self-defense

Successful self-defense claims generally hinge on the balance of evidence. If you can prove that you were legitimately defending yourself from a serious threat and that your response was proportionate to the danger you faced, your actions may be covered by self-defense.

An Experienced Marion Criminal Defense Attorney Is Standing By to Help

Having to protect yourself in the face of domestic violence is terrifying, and having to defend yourself in the face of a domestic violence charge puts you in a very difficult position – with a lot at stake. Ultimately, you have the right to use reasonable force to defend yourself from harm, and the seasoned criminal defense attorneys at The Law Office of Brad C. Richardson – proudly serving Marion, South Carolina – are well prepared to fiercely advocate for your case’s best possible resolution. Learn more about what we can do to help you by contacting us online or calling us at 843-488-4321 today.