Justification Defense

Under certain circumstances, a crime may be committed for a reason that makes the crime justified. When a person has a legitimate reason for his or her crime, the defense raised falls under the category of a justification defense.

Unlike excuse defenses which provide a reason as to why a person committed a crime but do not make it at all right, justification defenses provide a person a reason for a crime and show how the actions taken by the accused were the right thing to do in the situation.

One of the most common forms of a justification defense is “self defense.” Self defense basically allows a person to say that he or she was justified in seriously injuring or even killing another person because that person was threatening the defendant’s personal safety or even life.

In addition to self defense, a person can raise a defense of others, habitation, or property. The only time deadly force can be used when defending one’s self or another person is when the aggressor comes at the person defending with deadly force. For example, if a person goes at someone else with a knife, deadly force is acceptable. The same cannot be said for a fist fight.

Necessity is another justification defense. In this defense, a person had to do something because some natural force was threatening the defendant’s safety or health. In this instance, it is expected that the harm caused by the defendant is less than that which would have occurred had the defendant not performed his or her actions.

Contact an Austin Criminal Defense Attorney

If you have been accused of a crime that you committed because of some force acting against you, contact Austin criminal defense lawyer Ian Inglis at (512) 472-1950.


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