Defenses to TN Crimes: Self-Defense
When charged with a violent crime, including homicide or assault in Tennessee, the defendant may enter a plea of not guilty along with a plea of self-defense. If proven, self-defense is a complete bar to criminal liability.
When people are threatened by the use of force or threat of force, creating in their mind a reasonable belief of imminent fear of death or serious bodily injury, they are legally justified in threatening or using force to defend themselves—even to the extent of killing the initial aggressor.
If while in his or her home or business, a defendant is presumed to have exercised lawful self-defense if he or she uses force or threat of force against someone who is believed to have unlawfully and forcefully entered the defendant’s home.
However, there are several caveats to self-defense that must be thoroughly understood by the client and the client’s criminal defense attorney before raising self-defense as a justification for an otherwise unlawful assault.
Primarily, the defendant’s use of force must be reasonably proportionate to the immediacy and necessity of protecting one’s self from another’s use of unlawful force. If the defendant’s use of force exceeds the degree of force reasonably necessary to fend off an attack, self-defense may not be available as a justification to a crime.
The defense is not overcome, however, by proof that the defendant’s fear of death or serious bodily injury was mistaken. What matters is that the defendant proves that he or she acted in self-defense from honest, even though mistaken, convictions as to the extent of danger.
When charged with an assault or homicide crime in Tennessee, it is important that you consult a criminal defense attorney who has the knowledge and experience to explore potential defenses that may be available to you. While some of the facts may be true, there may be a legally valid justification for the actions you took. Let us help you with your case by calling one of our Tennessee experienced assault crimes attorneys at Baker Associates located in Knoxville and Sevierville.
Bookmark: 
