Self-Defense in Tennessee
Self-defense is a theory of defense that is generally available in Tennessee to those who are charged with or accused of crimes involving the use of force against another individual. The basic premise behind the defense is that one person has the right to use a reasonable amount of force against another to prevent the suffering of death or bodily harm. This defense is recognized by statute in Tennessee, which effectively limits its applicability to situations where the elements are met. In other words, for a defendant to properly claim that he or she acted out of self-defense, certain conditions must have existed at the time the defendant committed the act for which he or she was charged. Trying to prove all of the elements of the self-defense statute is tricky in a criminal case and will often require the expertise of a skilled Knoxville criminal defense attorney.
The applicability of this defense will obviously depend on the circumstances surrounding the conduct, but certain basic conditions must always be present. Simply put, the defendant (the person who used force and is now claiming self-defense as a defense to criminal charges) must have reasonably and honestly believed that another person was using or about to use unlawful force that presented an imminent danger of death or serious bodily injury to that person or someone else which would justify the immediate use of necessary force.
Whether or not a person uses “necessary force” often depends on the circumstances, but a basic rule in Tennessee is that an individual cannot use greater force than was reasonably necessary to defend his or her person. For example, if someone is chasing you with a squirt gun, you probably will not be justified in beating them to death with a golf club. However, if someone were chasing you with an actual gun, you could reasonably believe that you were in danger of being shot and killed and thus would be able to claim self-defense if you shot that person.
Self-defense is a tricky defense because of all of the necessary elements set forth by the statute. However, where it is invoked appropriately it can be an absolute bar to conviction for certain offenses that require the defendant to have intentionally or inappropriately used force to injure or kill another person.
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