Our criminal defense clients often ask us about Self Defense in Assault Cases. It’s a concept that everyone seems to be familiar with but most people don’t understand the details of and more specifically how it can be used in the defense of your Colorado Springs criminal case.
First of all, it’s important to understand that self defense is an affirmative defense. Affirmative defenses are ones in which the defendant admits that the act happened but that the act was justified by the law. The most common example of this is in an assault case. If a client is charged with third degree assault for hitting someone, but has evidence that the person hit them first, he may be justified in hitting back to defend himself or others.
What that means is that if your case has the facts to support a self defense and then if you endorse that as a defense in your case, the burden falls to the prosecutor to essentially disprove that you acted in self-defense. This can be particularly helpful if the facts in your case are already weak to begin with because it creates an even bigger challenge for the District Attorney to overcome in order to convict you.
So the question we get a lot is what kind of evidence do you need to support a self defense claim? Under the law in El Paso, Pueblo, Douglas and Fremont counties the Court requires a “some credible evidence.” As you can imagine this is a very vague phrase and offers criminal defendant’s the opportunity to raise this defense in many instances where they are charged with a crime.
The criminal defense attorneys at Maher & Maher Law will take the time to review your criminal case and determine if there are any affirmative defenses, such as self-defense, that may be beneficial to your case. Our lawyers have handled both misdemeanor and felony criminal cases where self defense has been endorsed. It can be a powerful tool in your case too. Contact the Colorado Springs criminal defense attorneys at Maher & Maher Law today to see what defense may be best for your case! 719-301-7500