Criminal Defense: What Constitutes Self-Defense?

Protecting oneself from harm under the right circumstances, despite leading to what is generally a crime, is a principle accepted universally. That is why a person can claim self-defense as a criminal defense in Hawaii.

But what is self-defense? When can you use it as a defense strategy in court?

  • Seeking Counsel

    If you find yourself in this legal situation, make sure that you talk to your defense attorney first. This legal professional can help you identify your next steps on how to navigate through the circumstance.

  • Presence of Imminent Threat

    In self-defense, the use of force is justifiable only when responding to an immediate threat, whether the harassment is verbal or non-verbal.

    Keep in mind, though, when the threat ceases to exist, and the victim uses force, it is not self-defense. It is retaliation.

  • Reasonable Fear of Harm

    At times, the use of force by the perceived victim becomes justifiable even if the perceived aggressor does not mean to harm. That is due to reasonable fear. The courts will determine how rational the fright is, so it is always best to consult legal service in Honolulu, Hawaii, for assistance.

  • Proportional Response

    Self-defense requires that the response be proportionate to the perceived level of harm. Otherwise, the self-defense strategy will fail.

If you need a lawyer to help you with your case, don’t hesitate to contact Myles S. Breiner Attorney at Law – A Law Corporation. We will be discussing your next course of action.