What is Self-Defense?
Self-defense is a legal justification for using force in response to an imminent threat. It serves as a legal exclusion to criminal liability, allowing individuals to protect themselves or others when certain conditions are met.
Key Requirements for Self-Defense:
Real, Immediate Threat: There must be a genuine, current, or imminent threat of harm that is unlawful.
Protection of Legal Rights: The defense must aim to protect one’s own legal rights or those of another person.
Proportionality: The response must be necessary and proportionate to the threat. Excessive force may invalidate the claim of self-defense.
No Provocation: The individual claiming self-defense must not have provoked the attack.
Examples:
Home Invasion: If someone breaks into a home intending to commit theft, the homeowner has the right to defend their property as long as the response does not exceed what is necessary for self-defense.
Public Assault: If a person is walking in public and becomes a victim of an assault, they are entitled to defend themselves, provided that the threat is real and immediate.
If you find yourself in a similar situation or need legal advice regarding self-defense, don’t hesitate to contact me, Lic. Jorge Fernández, to schedule a consultation and address your concerns.
