Contact an attorney immediately: It is crucial to have legal advice to know how to proceed. An attorney specialized in self-defense or criminal law can guide you through the legal process.
Call the police: Report the incident to the authorities clearly and honestly. It is important to inform them of what happened to avoid it appearing as if you are trying to hide something.
Do not alter the scene: Avoid changing anything at the scene, as this can affect the authorities’ investigations.Document everything: If possible, take notes of the events immediately after the incident to remember key details, such as how the confrontation occurred and how you felt at the moment.
Cooperate with the authorities: When they arrive, provide a clear description of the facts, but remember that you have the right not to testify without your lawyer present.
Stay calm and seek emotional support: These types of situations can be emotionally overwhelming. Do not hesitate to seek psychological support if you need it.
Can self-defense be applied?
Remember that laws on self-defense vary depending on the country or region. A lawyer can tell you the best way to proceed according to local laws.
Self-defense is a legal concept that allows a person to defend themselves, others, or their property when facing aggression or an imminent threat of harm. It is an exception to the general principle that violence is prohibited by law.
In simple terms, if someone is in danger and acts in a proportional and reasonable manner to protect themselves, that action may be considered justified under the right of self-defense. However, not all uses of force are legitimate; certain criteria must be met:
General requirements for self-defense:
Unlawful aggression: There must be a real and current threat of harm or an illegal attack. You cannot claim self-defense if you started the conflict or if there was no real risk of harm.
Necessity of defense: The response must be necessary to avoid harm. If there is a way to avoid the confrontation or danger without resorting to violence, you must take that option before using force.
Proportionality: The force used in defense must be proportional to the threat. For example, if someone attacks you without a weapon, using a firearm could be considered disproportionate in many circumstances.
Absence of provocation: In many legal systems, self-defense cannot be claimed if the person provoked the situation that led to the confrontation.
Self-defense in the context of homicide:
If someone dies as a result of an act in self-defense, the justice system will evaluate whether you met the requirements mentioned. In some countries, such as Mexico, Spain, or the United States, laws vary, but in general, the use of lethal force is only justified if there was an imminent threat of death or serious harm.It is important to understand that the legal details of self-defense may vary depending on the country and the circumstances of the case, and that the authorities will review the incident to determine whether your reaction was justified or not.
If you have any doubts or fall within any of these situations, do not hesitate to contact Lic. Jorge Fernández for legal advice in criminal matters.
