Using Self-Defense in Domestic Violence Cases

Self-defense is an affirmative defense that is often raised at trial. In raising this defense, the defendant is stating that they committed the alleged crime but that they have a legal reason justifying their actions. It can be a viable defense in self-defense cases, but only when the defendant uses a proportionate amount of force in relation to the harm they are up against. If you have recently been charged with domestic violence, our Conway domestic violence attorney would like to discuss how claiming self-defense can impact your case.

Stand Your Ground Law

South Carolina law permits individuals to use reasonable force to protect themselves against harm. Under the state’s “Stand Your Ground” law, you are permitted to use reasonable force, with no duty to retreat, if you are being attacked. The “Stand Your Ground” law even permits deadly force if you believe you are in imminent danger of death or great bodily injury. The South Carolina Code of Laws defines “great bodily injury” as any serious physical injury that creates a substantial risk of death, physical impairment, or permanent disfigurement.

The Castle Doctrine

The same rules do not apply if an intruder breaks into your home. Under The Castle Doctrine, you are allowed to use any amount of force, including deadly force, to protect yourself in your own home. That is because it is assumed that your life is in peril when someone forces entry into your home.

Self-Defense as an Affirmative Defense

In claiming self-defense in a domestic violence case, you must show that you were not the aggressor but rather acting to protect yourself. Self-defense is often used as a defense in domestic violence cases when a defendant can show that they felt their life was in danger.

To prevent a conviction, you will need to supply concrete information that you did not provoke the altercation, and you believed you were in imminent danger, that a reasonable person would have also thought they were in danger of imminent harm or serious bodily injury, and that there was no other way to avoid being harmed besides acting in retaliation.

To raise self-defense, you must provide enough evidence to support your claim (known as the “burden of production”). Witness testimony may demonstrate what actually unfolded. For example, if you claim that your spouse came toward you wielding a knife and you punched them in the stomach, the cuts on your arm would suggest that you were attacked first before retaliating.

Once this burden is established, the onus will be placed on the prosecution to prove beyond a reasonable doubt that you did not act in self-defense (known as the “burden of persuasion”). Throughout the process, having a Conway domestic violence attorney who can present relevant and convincing evidence will only help to strengthen your case.

Do Not Hesitate to Consult with a Conway Domestic Violence Attorney

Facing a domestic violence charge can be bone-chilling, causing you extreme distress. If you or a loved one have been accused of domestic violence, The Law Offices of Brad L. Richardson, LLC, is here to assist you. Our Conway domestic violence attorney has experience as a state prosecutor, and he provides his clients with a unique advantage in the courtroom. 

By consistently remaining one step ahead of the prosecution’s strategies, he has helped numerous clients obtain reduced sentences and even avoid jail time entirely. To learn more or schedule your free consultation, contact our office online or give us a call at (843) 488-4321 today.