How is Reasonable Force Defined When Claiming Self-Defense?
If you are being charged with assault, battery, domestic abuse, or certain other criminal offenses, your defense to the charges may be that you acted in self-defense. You may have been defending yourself, a loved one, or your property. The question will arise as to whether you used a "reasonable" amount of force during your act of self-defense, particularly since Connecticut has no "stand your ground" law.
Connecticut laws surrounding self-defense are complex, involving several factual requirements that must be met in order to be successful in your claim that you acted in self-defense. It is important that you have an experienced Stamford, CT criminal defense attorney who will aggressively defend your right to self-defense.
No Stand Your Ground Law Requires Retreat When Possible
Law enforcement and prosecutors in the state will often challenge the level of force used by a person claiming self-defense by deeming it excessive and unreasonable. Under Connecticut law, you may only use a reasonable level of force and cannot use deadly force if you can avoid doing so by retreating or surrendering possession to property the aggressor of the incident claims to own.
You cannot use deadly physical force if you intend to cause injury or death to the other person, and you cannot use deadly force when you are the initial aggressor. If two people are in an agreed-upon fight, but deadly force was not a part of that agreement, then it cannot be implemented. Deadly force may only be used if you reasonably believe your attacker is about to inflict great bodily harm on you or kill you.
What is Considered "Reasonable?"
The law states that you must "reasonably" believe your life is in danger to respond with deadly force and that you are only allowed to use a "reasonable" amount of force in response to an attack unless that attack was likely to severely injure you or kill you. The problem with the term "reasonable" is that it can be very subjective.
In general, the question would be whether another reasonable person, given the exact same set of circumstances, would have acted in the same way you acted. Since "reasonable" use of force is justified, the jury might consider the following when determining whether your level of force was reasonable:
- The gender of each individual involved.
- The relative size and weight of those involved in the altercation.
- Whether there were other available options that would have been more reasonable than the use of deadly force.
- Your knowledge of your own physical ability (i.e., if you have a black belt in judo, you know you could conceivably hurt someone with your skills).
- Your health and the health of all those involved.
- The initial level of force used against you.
This means that if a 65-year-old woman who uses a cane to walk hits you with the cane because you accidentally cut in front of her in a line, you are not allowed to punch her in the face. The reasonable response would be to back away so she cannot hit you again. But if a young, fit man walks up to you and your family and hits you in the head with a bat, you are allowed to meet this level of force with an equal level of force if you are unable to safely retreat, or you fear for your own life or the life of a family member.
Contact a Fairfield County, CT Criminal Defense Lawyer
The standard of reasonableness can be very complicated. Having a Stamford, CT criminal defense attorney from Law Offices of Daniel P. Weiner can help make a difference in the outcome of your charges. Our attorney will aggressively defend your right to protect yourself or a loved one. Call 203-348-5846 today to schedule your free consultation.