Aggressive, Skillful and Experienced Defense

Proving self-defense

Iowans get in uncomfortable situations from time to time. But, not everyone finds him or herself in situations that threaten their safety and wellbeing. When an individual believes that his or her safety is compromised, he or she may take steps to ensure their safety. This might mean defending themselves through physical conduct. These matters are not always clear as self-defense is not always available in every situation a person feels threatened. Even if an individual believes they properly executed self-defense, this could still result in criminal charges.

Self-defense is an accepted principle that essentially explains when a person can protect themselves from harm under the appropriate circumstances. This means that a person could be excused from behavior that would usually be deemed criminal if it was executed to protect him or herself from imminent physical harm. Though, one must prove that self-defense was, in fact, appropriate under the circumstances.

There are certain elements that must be met when asserting self-defense. To begin, the threat must be imminent. This means that the victim must have experienced immediate fear of physical harm. The treat must also be ongoing. If there is no longer a threat, then the justification for physical force no longer exists.

Next, the fear must be reasonable. This means that the circumstances of the situation must reasonably cause the perception of immediate physical harm. And, even if self-defense cannot be properly asserted, imperfect self-dense could still help in the criminal defense process. While the defendant may not be excused from the violent crime, it could help lessen the charges or the penalties associated with them.

Being accused of a violent crime can be a serious matter. It is clear that individuals will seek to protect him or herself in the event that physical harm is being threatened against them. However, this is not always clear. Because of this, it is important to understand one's rights and options when it comes to asserting a criminal defense.

No Comments

Leave a comment
Comment Information

contact us FOR a Free Consultation

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

IOWA Association for justice IOWA state bar association NACDL 1958 national association of criminal defense lawyers american association for justice board certified specialist DUI defense law the iowa state bar association

faq

Should I take a breath test?
The most common question asked of criminal defense lawyers who work on Operating While Intoxicated (OWI) or Driving While...

Can I get a work permit or temporary restricted license in Iowa after losing my driving privileges for an OWI?
For a first offense, yes. The revocation is this instance is 180 days for an OWI test failure and one year for an OWI test refusal...

Read More

Get In Touch

J. Dean Keegan, Eric D. Tindal & Andrea Mason Attorneys At Law
103 East College Street
Suite 312
Iowa City, IA 52240

Phone: 319-887-6900
Fax: 319-688-2754
Iowa City Law Office Map

J. Dean Keegan, Eric D. Tindal & Andrea Mason Attorneys At Law
425 2nd St. SE
Suite 1250
Cedar Rapids, IA 52406

Phone: 319-364-6000
Cedar Rapids Law Office Map

Privacy Policy | Business Development Solutions by FindLaw, part of Thomson Reuters.