Can I Claim Self-Defense in Violent Crime Charges?

 Posted on November 08, 2024 in Criminal Defense

It is an unfortunate fact of life that violence is sometimes unavoidable. In a worst-case scenario, you might have no choice but to use force to protect yourself, the people around you, or your property. If you have been charged with a violent crime in Connecticut, the experienced criminal defense attorney at Law Offices of Daniel P. Weiner can advocate on your behalf and present a sympathetic case to a judge.

Consequences of Violent Crimes in Connecticut

In Connecticut, charges of violent crimes are strictly prosecuted. Keeping this in mind, you should seek out an experienced legal professional to represent you if you are charged with murder, assault with a deadly weapon, or assault resulting in serious injury. A conviction on any one of these charges will brand you with a criminal record, alongside the potential for serious prison time and high fines. The penalties are as follows:

1. Murder is charged as a Class A felony, punishable by 25 years to life in jail, and a possible fine of up to $20,000.

2. Assault ranges from a Class A misdemeanor to a Class B felony with a five-year minimum prison sentence. The charges can be exacerbated if a deadly weapon was involved.

A prison sentence on a murder or assault conviction can disrupt your life, to say nothing of the challenges of readjusting to life outside bars.

Claiming Self-Defense in a Criminal Trial

Though charges of murder and assault come with serious consequences if convicted, a criminal defense attorney can put up a strong case for self-defense. To make a credible argument for your acquittal, you must prove that retreating from the danger was not an option and that you were not the aggressor in the situation. However, physical force, even deadly force, can be excused by law if you held a reasonable belief that you or someone else was in imminent danger of serious harm. If the court deems your use of force was excessive (i.e., not proportionate to the threat), you could still face a conviction; a criminal defense attorney will use all available facts of the case to fight for a favorable outcome on your behalf.

Exceptions are also made for the defense of property in cases of criminal trespass, such as theft or vandalism. Notably, this defense extends beyond your own property, allowing you to defend someone else’s home. However, this permission only goes so far, as the use of deadly force is not protected in defense of property.

Lastly, Connecticut has a "stand-your-ground" law, which offers limited defense for the use of deadly physical force in the following scenarios:

• You have a reasonable belief that you are being threatened with deadly physical force, even if no weapon is involved.

• Someone has trespassed onto your property and you reasonably believe deadly force is necessary to stop him or her from committing arson or another violent crime.

• You have a reasonable belief that deadly force was required to prevent someone from unlawfully and forcefully breaking into your home.

In these scenarios, you are under no obligation to retreat, and you could be acquitted of any charges with a successful defense.

Contact a Stamford, CT Criminal Defense Attorney Today

Proving that a violent act was just or necessary can be an uphill battle in the courtroom. The Fairfield County, CT criminal defense lawyer at Law Offices of Daniel P. Weiner will be your fiercest advocate inside and outside the trial, fighting to reach a favorable outcome for you. Call the office at 203-348-5846 for a free consultation.