Those who injure or intimidate other people in Missouri might find themselves facing assault charges. Third parties or the other person involved in the incident might contact law enforcement. If police officers arrest someone because they believe an assault occurred, the person accused faces very concerning penalties.
They may have to pay fines and serve time in jail or submit to probation oversight. They also have a violent criminal record that turns up whenever an employer or a landlord performs a background check after their conviction.
Those accused of assault often hope to avoid a conviction if at all possible. Can a defendant claim that they acted in self-defense in response to assault charges?
Missouri has robust self-defense rules
While violence against other people is largely illegal, everyone has the right to defend themselves. Provided that the person accused of assault was somewhere they could be lawfully and they didn’t initiate the conflict, they could potentially claim that they acted in self-defense.
If another reasonable person might feel the need to use physical force for their own protection in the same situation, then a defendant may have a reasonable chance of convincing the courts that they acted within the scope of the law.
Self-defense claims are a form of affirmative defense. Instead of claiming that someone wasn’t the person involved, they instead assert that the details of the situation made their actions lawful. People can claim that they acted in self-defense when they feared for their immediate physical safety.
People can also claim that they acted in self-defense if there was a home invasion or similar crime that created reasonable fear. In fact, someone can use a self-defense strategy if they acted for the protection of a third party. One person who witnesses an attack on another individual can intervene for the protection of that other party. So long as other reasonable people agree that the use of force was necessary to protect an individual or prevent a crime, a self-defense claim might be an option.
Every assault case is unique, and people need to prepare a criminal defense strategy that reflects the circumstances that led to their arrest. Claims of self-defense are one of several potentially viable responses to assault charges in Missouri.
