When the Use of Force Is Justified Under State Law
The use of reasonable and even deadly force is sometimes justified under Indiana law; however, you need to know your rights to ensure that you will not be criminally charged with an offense. Understanding the circumstances when you can lawfully use force against another person is critical to protecting yourself, your reputation, and your freedom.
At the Law Office of Jesse K. Sanchez, we provide experienced representation for individuals who have been charged with a criminal offense. We know the law and will help ensure that your rights are protected. If you are arrested for a crime that was done in self-defense, contact our office to schedule a confidential consultation.
What Is Self-Defense?
Self-defense is an affirmative defense that allows a person to use force to protect themselves. Some jurisdictions also allow a person to use force to protect a third party from harm. The use of force is, therefore, justifiable and should not lead to criminal charges.
If there are criminal charges filed, then upon proving that you acted in self-defense, the charges should be reduced or dismissed depending on the situation. Indiana’s self-defense laws are codified under the Ind. Code Ann. § 35-41-3-2(c).
What Is Reasonable Force?
Reasonable force is the amount of force necessary to prevent the harm or commission of a felony.
When Can Reasonable Force Be Used?
Under Indiana law, a person may use reasonable force under a number of circumstances. One of the most common reasons a person may use reasonable force is to protect themselves or another person from what they reasonably believe is imminent harm.
Situations when reasonable force can be used:
- To protect yourself or another person from imminent harm
- To prevent the commission of a felony
- To prevent or terminate unlawful entry or attack of your home or occupied vehicle
- To prevent trespass on your property
- To protect your property from criminal interference
- To prevent the hijacking of an aircraft
It is important to understand when reasonable force can be lawfully used and when it may be considered a crime. If you are arrested for using force but believe that you were acting in self-defense, you need to speak with an attorney.
What Is Deadly Force?
Indiana recognizes that a person may use deadly force under certain circumstances. Deadly force is any force that can result in the death of another person.
When Can Deadly Force Be Used?
A person may use deadly force and does not have the duty to retreat if they reasonably believe that the force is necessary to prevent “serious bodily injury” to themselves or a third person or to prevent the commission of a forcible felony.
Additionally, a person may use deadly force to protect their home or occupied vehicle from entry or an attack. In limited situations, a person may use deadly force and does not have the duty to retreat to prevent trespass or criminal interference with their property. However, deadly force is limited to when a person believes that harm is imminent or to prevent the commission of a forcible felony.
Contact Our Office to Book a Consultation
If you have been arrested for using force but believe that it was justified by self-defense, contact our office to book a confidential consultation. Our criminal defense attorneys can help you understand your rights and defend against any charges.
