Do I Have a Winning Case With Self Defense?
Service members have a right to defend themselves or others against violent attacks or threats of violent attacks. Unfortunately, self defense cases that probably should end in an acquittal, can instead result in a guilty verdict because the defense was mishandled. Winning a case is rarely just about the facts—it’s also about how those facts are presented by your military defense attorney.
The heart of self defense is found in the following principles:
- Self Defense Generally. For self-defense to exist, a service member must have had a reasonable belief that death or harm was about to be inflicted on himself or another, and he must have actually believed that the force used was necessary to prevent death or harm.
- Stand Your Ground. If attacked or threatened, a service member may stand his ground when he is at a place that he has a right to be. If anyone tells you “stand your ground” doesn’t apply to military members, they are wrong.
- Use of a Dangerous Weapon in Self Defense. There is no absolute prohibition against the use of a deadly weapon to stop an unarmed assault, especially if a service member is outsized or outnumbered; otherwise, it would mean the assaulted military member must take his chances of being “knocked down and stamped into a jelly” before he can lawfully use a weapon in his defense.
- Display of Dangerous Weapons to Deter. A service member may display dangerous weapons, such as a knife or a gun, to deter someone from making an attack.
- Escalation of Force. Even if a service member started a fight, if the other person escalates the matter beyond what is necessary, the service member may regain the right to self defense.
- The pressure of a Fast Moving Situation. A service member under the pressure of a fast moving situation or immediate attack is not required to pause at his peril to evaluate the degree of danger or the amount of force necessary to protect himself or others.
Our team of experienced military defense lawyers understand the nuances of self defense. If you are serious about fighting the charges against you and you believe you were only acting to defend yourself or others, call our office today.
Self Defense Strategy: Defending Against Murder, Manslaughter, Aggravated Assault, and Assault
The prosecution will do everything it can to show that you are the bad guy, that you started the fight, or that your response to an attack was too violent under the circumstances. They will likely blow up photos of your so called “victim” to show injuries or have them testify about how terrified they were of you.
Worse yet, your free military lawyer may be inexperienced and may not even want to be a military defense counsel (JAGs are told what job they will have). In fact, they may actually want to be a prosecutor. That hardly instills confidence when your life and career are on the line.
A seasoned defense attorney, with years of experience as a court martial defense attorney and as a military appellate defense attorney, may be the better choice, especially with all that is at stake.
Our defense of your case would revolve around three important pillars, known as IPT:
- Investigation. Rather than relying on the investigation turned over by the government, we do our own independent investigation. Relying on the government investigation is bad practice.
- Preparation. Properly preparing a case for trial is an intense exercise requiring absolute laser focus. When we’re preparing a case for trial, it’s all hands on deck. Our staff is dedicated to one thing: a NOT GUILTY verdict.
- Trial Execution. Jury selection. Opening statement. Direct examination. Cross examination. Closing arguments. World class execution in each of these trial parts is critical to an acquittal. We know it and we ruthlessly pursue it every time.
If you are serious about fighting the charges you are facing, call our office today to learn how we would fight for your rights, your career, and your future.
Violent Crime Practice Areas
- Violent Crime Defense
- Aggravated Assault
- Shaken Baby Injury and Deaths