If you are charged with an offense like assault or domestic violence, you may potentially defend against these charges successfully by claiming self-defense. This affirmative defense means that you don’t dispute that you used force or that your use of force harmed the other party, but that your actions were justifiable because you were protecting yourself from harm.
To successfully argue self-defense, you must demonstrate several key points. First, the threat to your safety or well-being must have been immediate and imminent or likely to occur. You must show that you had an objectively reasonable fear that you were going to be hurt or killed if you had not used force against the other party.
Your use of force must be proportional to the threat
You’ll also need to prove that the force you used in response to the perceived threat or danger was reasonable and proportionate. This means that you used no more force than was necessary to protect yourself or others from harm.
The initial aggressor matters
Under Colorado law, you cannot claim to be acting in self-defense if you instigated or started an attack. However, there are exceptions to this general rule. For example, you may be legally justified in defending yourself if you provoked an attack but then withdrew from the encounter and informed the other party of your withdrawal, yet they continued to threaten you or use physical force.
Arguing self-defense in court can be challenging due to various factors. For starters, you’ll bear the burden of proof in showing your actions were legally justified. You may have to rely on circumstantial evidence to prove certain aspects of your case, and it can be subjective and open to interpretation. You’ll risk presenting a weak case without proper legal guidance, making it less likely to achieve a favorable outcome.