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How viable is a self-defense claim in domestic violence charges?

On Behalf of | May 4, 2022 | Domestic Violence |

If you are facing domestic violence charges, arguing self-defense is not so straightforward. There is a lot that is considered, depending on the circumstances of your case. However, if you can successfully prove that you acted in self-defense, it is possible to beat the domestic violence charges you face.

Here is what you need to know about raising a self-defense claim.

When does self-defense apply?

While self-defense is legal under Colorado law, it only applies in some instances. First, you cannot provoke an attack and then claim self-defense. Secondly, you must show that your life or safety was in immediate danger at the time you acted in self-defense. Otherwise, your actions may be perceived to be retaliatory.

Lastly, for a self-defense claim, the amount of force used should be relative to the level of risk or danger you were facing. It means that you cannot use excessive force to defend against a minor threat to your safety.

Building your defense

Remember, the burden of proof lies squarely on you. You need to show the court that your actions were justified and that you were only acting to protect yourself.

Having supporting evidence of your claims is crucial. For instance, you can show the defensive wounds you suffered, while testimony from any eyewitnesses will also go a long way in helping your case.

What are your chances of successfully beating your charges?

Every case is different, and sometimes, a self-defense claim may not even apply in your circumstances. Luckily, it is not the only way out when defending against domestic violence charges.

It is advisable to be aware of all the defense strategies you could use and pick the one that will work best to increase the chances of a positive conclusion to your case.

 

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