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Self Defense - Assault Crimes

Posted by attorney Cy Abdo

If you are charged with an assault crime, you may be able to assert that you acted in self defense. In this regard, self defense is a question of fact for the jury to decide.

The test for self-defense is whether a defendant honestly and reasonably believed he or she was in danger of imminent death or serious bodily harm and used only the amount of force that appeared immediately necessary to protect against that danger.

The test of "honest belief" means only that a defendant's conduct should be judged "from the circumstances as they appeared to him at the time."

The right of self-defense commences when necessity, real or apparent, begins, and ends when it ceases.

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This is not to be construed as legal advice. You should consult with an attorney for legal representation or if you a specific question regarding self defense.

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