When an alleged crime occurs, the outcome relies heavily on the defendant’s intentions and state of mind at the time of the incident. For example, causing harm to another person by accident is treated differently than intentionally inflicting harm on someone else. The prosecution and the defense spend a considerable amount of time establishing the defendant’s motive (or lack thereof) in order to secure their desired outcomes. In many criminal cases, the defense will deny the prosecution’s allegations in any number of ways (i.e., introducing evidence that the defendant was elsewhere at the time of the incident, cross-examining witnesses for the prosecution to question their credibility, etc.). However, a defense attorney may determine to use what’s known as an affirmative defense strategy in order to maximize their chances of obtaining a favorable outcome. Essentially, an affirmative defense allows the defense team to introduce evidence that negates criminal liability, even if the defendant committed the alleged acts. Self-defense is one of the most common affirmative defense strategies, as it allows the defendant to justify their actions because they had a compelling reason to believe that they were in imminent danger and responded appropriately.
If you are facing criminal charges in Colorado Springs, reach out to a highly qualified and experienced criminal defense lawyer as soon as possible to discuss your legal options. Depending on the specifics of your case, you may discover that claiming self-defense is the most strategic path forward that maximizes your chances of securing a fair and favorable outcome. Let’s take a look at Colorado’s self-defense laws and whether you may be able to pursue a self-defense legal protection strategy to keep your future as bright as possible.
Is Self-Defense Legal in Colorado Springs?
Colorado self-defense laws recognize that acting in defense of yourself or someone else in certain situations is legally justified. When you claim self-defense, you are essentially admitting that you committed the alleged offense (i.e., causing physical harm to another person) while arguing that you did so in order to defend yourself from imminent harm. If this strategy is a success, you will be released from criminal liability (even if you did cause harm to someone else). Moreover, using deadly force in narrow circumstances may be justified as an act of self-defense. If you are facing criminal charges in Colorado Springs, you should enlist legal representation as soon as possible to begin preparing your defense strategy. Your experienced and knowledgeable criminal defense lawyer will assess the details of your case to identify the most appropriate and strategic approach.
Using Self-Defense as a Defense in Criminal Law
Claiming self-defense is not possible for every criminal case. In fact, using self-defense as a legal strategy only applies under a narrow set of circumstances. Colorado Revised Statutes 18-1-704 states that “a person is justified in using physical force upon another person in order to defend himself or a third person from what he reasonably believes to be the use or imminent use of unlawful physical force by that person, and he may use a degree of force which he reasonably believes to be necessary for that purpose.” In other words, you may only claim self-defense as a legal defense strategy if you can show that you had reason to believe that you (or someone else, like a child) were in imminent danger of physical harm. Additionally, you must be able to demonstrate that the amount of physical force you used to protect yourself was proportional and necessary. Your skilled Colorado Springs criminal defense attorney will work with you to prepare and present clear and compelling evidence that supports your self-defense claim.
Can You Go to Jail For Self-Defense?
In some cases, you may be under an extreme threat and retaliate against the aggressor with deadly force. After this traumatic event, you may be overwhelmed to find yourself facing a second-degree murder charge–especially if you felt as if you had no choice but to fight for your life. However, before you lose all hope, it’s essential that you reach out to a trusted and caring criminal defense lawyer who can help you identify the most strategic path forward. Under Colorado law, deadly force can be used if you have reason to believe that using a lesser degree of force is inadequate and that you believe that you are in imminent danger of being killed or suffering extreme bodily injury. As long as you and your legal defense team can provide evidence that demonstrates your fear of imminent danger and how you used a reasonable amount of force to protect yourself (or a child) from immediate harm, your chances of claiming self-defense remain favorable.
Get Started With a Skilled Criminal Defense Attorney Today
Facing criminal charges of any kind can be an overwhelming and intimidating ordeal, especially if you know you acted in self-defense. Sometimes, the responding officer to a report of domestic violence may misread the situation and arrest someone who was merely acting in self-defense. However, as tempting as it may be to explain yourself to the arresting officer in order to clear up any misunderstandings, it’s best to exercise your right to remain silent until you have had the opportunity to discuss your case with a seasoned Colorado Springs criminal defense lawyer. Your knowledgeable attorney will help you understand the importance of providing ample evidence that you were not the initial aggressor and how factors like motive and substance use play a role in how the case unfolds. Consulting a criminal defense attorney to present a self-defense case is essential, particularly in domestic violence situations where past interactions affect the legal strategy. Reach out to a dedicated and highly qualified attorney today to get started.
If you or someone you love is facing criminal charges in Colorado Springs, you need high-quality and effective legal representation as soon as possible to ensure that your rights remain protected at every turn. Call the Law Offices of Clifton Black, P.C., today at (719) 328-1616 to discuss your options with a knowledgeable and experienced Colorado criminal defense lawyer.
