Many times, when we see clients accused of harassment, assault or menacing, they claim they acted in self defense. But, is this a real defense strategy? Actually, it is. While it tends to be overlooked and misunderstood, self defense is an Affirmative Defense in Weld, Morgan and Logan County. This type of defense is useful for creating the reasonable doubt you need to be acquitted from your charges.
What is Self Defense in Greeley?
Colorado law has defined self defense at C.R.S. 18-1-704, stating:
According to this definition, a person does not have to hit you first. If the person is about to hit you, you can push them away or hit them to protect yourself. In these situations, it is always best to try to use the least amount of aggression to diffuse the situation, especially in Domestic Violence cases. The only time deadly force can be self defense is if using lesser force will not protect you or you are in danger of being killed or seriously injured. Use it sparingly or you will be charged with a serious offense.
How Do You Use The Self Defense Strategy?
This type of defense is useful for creating the reasonable doubt you need to be acquitted from your charges.
At the O’Malley Law Office, we have successfully used the defense strategy of self defense when our clients are charged with violent crimes like assault. Applying this strategy at trial, we make the case that the force our client used was reasonable and allowable under the law. Greeley Police are well trained in this defense and expect that the accused will claim self defense. They know what questions to ask and how to approach the topic in order to make sure that defense is not a useful possibility. This is why you should never talk to the police. Self defense is a valid defense and you may feel you have done nothing wrong, but talking to the police can hurt you. Allow your trial lawyer to be your voice and protect you.
If you have been contacted by Greeley police regarding an Assault, Harassment, or Menacing charge, be smart, exercise your right to remain silent, and call us today at (970) 616-6009. Together, we can protect your future.
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