Self defence is a legal concept that allows members of the public to use force in order to prevent an imminent attack or breach of peace. The law on self defence varies between states, but the basic principle is that anyone has a right to defend themselves. However, the degree of violence required for repelling wrong must be proportionate to the wrong to be prevented.

This means that the accused must have reasonably believed that killing was necessary to preserve themselves, and that they could not have done so without the use of deadly force. They also must have done so in a reasonable way. In a criminal trial, the burden of proof remains with the prosecution, and they must prove beyond a reasonable doubt that the accused did not act in self defence.

There are five basic principles of self defence. These are: the principle of avoidance, the principle of proportionality, the principle of sensitivity, the principle of reasonableness and the principle of proportionality in the circumstances. Each of these applies to a specific type of threat.

The principle of avoidance is the most important of the five. This means that the person making the claim must have no opportunity to escape the threatened action. If there is no chance to escape, then the actions cannot be considered in self defence. For example, if you are a battered women and you are confronted with an attack, you can argue that you did not have a reasonable opportunity to flee.

As for the other two principles, sensitivity and reasonableness, these will depend on the nature of the threat and the defendant’s actions. Often, the most effective way to deal with an attack is to pull the aggressor away, but this should not be considered in self defense.

A common mistake made by people in self defence is to be too aggressive. Even if they are not physically defending themselves, they should realize that their judgment is highly affected in the heat of the moment. By attempting to find a non-violent solution, they may be able to avoid an assault charge.

The most common types of weapons in self defence are knives and guns. These may be carried openly, or concealed. It is important to inform your lawyer immediately if you plan to carry a weapon. Similarly, it is not recommended that you discuss the case with anybody other than a legal professional. You can ask for a free consultation with a criminal defence attorney.

To be deemed a reasonable act in self defence, the accused must have had a reasonable apprehension of the situation and must have responded in a proportionate and timely manner. While the defendant’s perception of the situation is very important, the court will also consider several other factors, such as age, gender, intoxication and health.

Proving self defence in a court of law is not easy. There are many different issues to consider, and you will need legal advice and support from a criminal defence attorney.