The burden of self-defense encompasses the evidence you present to prove your claim and, in turn, the prosecution’s attempt to disprove your self-defense claims.
Going over the specific facts that underlie the burden of self-defense and speaking with a Chicago criminal defense lawyer will allow you to protect your innocence.
CLICK HERE to watch Attorney Thomas T. Glasgow discuss the burden of self-defense.
What Is Self-Defense?
Self-defense is defined as “ A person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to defend himself or another against such other’s imminent use of unlawful force. “
An excellent example of self-defense is the following scenario: you are being assaulted with a knife by an individual on the street, and you shoot the individual assaulting you to defend yourself from being physically harmed.
You may not always have the right to defend yourself. Some acts of self-defense can lead to some very significant legal complications, though, making it very important that you work with a lawyer who can help.
What Kind Of Defense Is Self-Defense?
A murder case involves at least one person being accused of killing another.
Just as an example, if one person is charged with killing their wife, then the focus of their case would be whether or not they did take part in the actions that led to the deceased losing their life. And if the court cannot prove that the defendant was responsible for the death, then they cannot be charged with murder.
The “self-defense” defense is an affirmative defense that says: yes, my actions were what led to the deceased’s passing, but these actions were necessary in order for me to protect myself and/or another.
Right after the self-defense has been invoked, the focus of that case turns to whether or not the defendant was, in fact, acting reasonably in self-defense when they killed the person whose life they claim to have ended in self-defense.
What Is The Burden Of Self-Defense?
The burden of self-defense is on the defendant and, in turn, their legal defense.
Just as an example, if one person claims that they did, in fact, kill someone but did so to defend themselves, then it is up to this person to provide evidence that supports their claim.
Even though the above is true, one key point must be understood: it is up to the defendant to provide evidence that supports their self-defense claim, and then the burden shifts, and it is up to the prosecution to disprove self-defense.
If a defendant provides evidence that supports their claim of self-defense, the prosecution must review this evidence and disprove the claim of self-defense.
A failure on the prosecution’s part to disprove self-defense can lead to the defendant’s claim becoming a fact of their case. This will affect their sentencing and, in the end, may lead to a “Not Guilty” verdict.
You can click here to learn more about the burden of self defense. The information in this video is especially useful for those who are facing a jury.
Get Qualified Legal Help Today
If you need help proving self-defense, Glasgow & Olsson is uniquely qualified to help you.
Our team has helped thousands of people who have been charged with crimes in Illinois. When we take cases, we do so to win. This means we take cases to trial. We don’t arrange plea bargains unless it is in the best interest of our clients. As proactive lawyers, we fight aggressively and support our clients throughout their entire case, including appeals. Protecting your life and freedom is always the goal, and with our decades of experience practicing law, we know how to get results. This is why we are regularly invited to appear as a legal contributor on popular radio and news outlets, including ABC, CNN, NBC, CBS, and Fox NEWS.
When you need an attorney, experience matters. Speak with a Chicago criminal defense lawyer today to learn how our experience can get you the results you deserve.