Las Vegas Self-Defense Attorney
Helping Clients Prove Self-Defense to Fight Criminal Charges
If you were accused of committing a serious crime against someone in Nevada, you deserve the chance to protect yourself from penalties that could include prison time. One criminal defense strategy that could be suitable for your case is the argument that you acted in self-defense. While this is often an effective legal option, it isn’t easy to prove on your own, so you should get legal representation from a Las Vegas criminal defense attorney who knows how to fight for clients in court.
The legal team at ATAC Law LLC has successfully defended numerous clients from misdemeanor and felony charges, so you can trust us to determine if your case would benefit from the self-defense argument. Contact our Las Vegas law firm today for a free and confidential consultation with skilled criminal defense lawyers.
What Is Self-Defense?
Self-defense is a type of legal defense that can be used in criminal cases. If you use this legal option to fight your criminal charge, you’re stating that you used force or violence to protect yourself or someone else from imminent harm or death. In short, this means you injured or killed someone only because you had good reason to believe they were going to severely harm or kill you or someone else if you did not fight back.
Of course, you’ll have to prove certain elements in your case to make it clear that your use of force was necessary to save your life. First, you must be able to prove that you were facing an imminent threat, which means you feared for your life at that moment. For example, if someone lunged toward you with a weapon in hand, it would make sense to fear for your safety and immediately fight back.
However, if someone held their fist up to you and made a verbal threat this morning, you couldn’t go to their house tonight to beat them up and claim self-defense for the assault, as the danger had already passed. Doing so could result in battery charges and jail time if convicted of this criminal offense.
If it turns out the person you thought was attacking you did not mean you any harm, you could still claim self-defense if your fear of harm was reasonable. This defense means most reasonable people in that situation would have also feared for their lives. For instance, if someone quickly raised their hand toward your face to smack a fly circling you, and you reacted by slapping away their hand or shoving them backward to avoid injury, you may be able to claim self-defense if you face battery charges. This argument is because a reasonable person might assume that a hand quickly coming toward their face could result in injury, so their defensive reaction was natural even if the alleged attacker didn’t intend any harm.
If the court decides that your reaction to the supposed threat was unreasonable, meaning a reasonable person would not have assumed an imminent threat, you might have an imperfect self-defense case. This scenario acknowledges that your reaction was truly due to fear, even if it wasn’t reasonable. While this defense is usually only used in homicide cases and can’t eliminate the criminal charges against you, it could reduce them and significantly impact your penalties. An experienced criminal defense attorney can advise you on the most suitable angle for your criminal case, so contact our Las Vegas law firm to learn your defense options.
What Are the Self-Defense Laws in Nevada?
Self-defense laws vary by state, so it’s important to understand your state’s specific laws when you face criminal charges and need a strong defense.
The first detail to know is that Nevada is a “stand your ground” state, which means you’re not required to retreat from the situation first before you use violence or force against an attacker. More specifically, Nevada law states you have the right to defend yourself with deadly force as long as the following are true of your situation:
- You are not the aggressor, so you did not start the fight.
- You have reason to believe your attacker is trying to kill you.
- You have a right to be where the attack took place, meaning you’re not trespassing on someone else’s property or committing any other crimes.
Just note that you’re expected to only use the amount of physical force necessary to overcome your attacker. So, if you thought someone was going to punch you, reacting by stabbing or shooting them would be considered using unnecessary force. However, if someone approached you with a weapon and you had a fear of imminent bodily harm or death, using your own weapon on them would likely be considered an example of reasonable force.
Nevada courts also recognize the Castle Doctrine. This doctrine allows you to use deadly force to defend your property from an intruder who is committing a felony by breaking into an occupied home or vehicle. So, if someone breaks into your Las Vegas home while you’re there, you have the right to use deadly force against them. This right is the case even if it turns out they didn’t intend to hurt you, such as if they planned to steal your valuables or simply entered the wrong house. A Nevada court will likely determine that you had no way of knowing the intruder’s intentions and were within your rights to react with deadly force.
If you have been charged with a crime in Las Vegas and need help understanding Nevada’s self-defense laws, contact ATAC Law LLC to learn more. When you call our law office, you’ll get a free case evaluation with a trusted criminal defense attorney who will work hard to get your charges reduced or dismissed.
What Crimes Can Qualify for the Self-Defense Argument?
No matter what crime you’ve been charged with, there’s a chance the self-defense claim will work for your case as long as you can prove your actions were necessary to protect yourself or someone else. While self-defense can be used if you’re charged with a misdemeanor offense, it’s most common for felony offenses that result in an alleged victim suffering serious bodily injury or death.
The following are some of the types of criminal cases that the self-defense argument can work for:
- Murder
- Attempted murder
- Battery
- Assault
- Robbery
- Domestic violence
- Resisting arrest
For example, if you’re a victim of domestic violence who used forceful physical contact to fight back – such as shoving your spouse backward as they slapped or kicked you – you can claim self-defense to avoid a domestic violence conviction. Your Las Vegas criminal defense attorney can help gather evidence showing you’re a victim of domestic violence, not the aggressor, so you can be acquitted or have your case dismissed.
Similarly, if you’re arrested for assault and battery when defending yourself from someone who started a physical fight with you, it’s best to hire a skilled Las Vegas criminal defense lawyer to help you fight this charge and avoid jail time. Experienced criminal defense attorneys know how to collect and present evidence in court to show that the alleged victim was actually the aggressor. If you need help proving this for your case, contact our Las Vegas criminal defense law firm. You deserve the chance to speak with caring criminal lawyers who know how important it is to keep your criminal record clear of a conviction for assault, battery, domestic violence, and other serious charges.
Why Should You Hire a Las Vegas Self-Defense Lawyer?
If you were arrested for a serious crime in Nevada, you should contact ATAC Law LLC for legal advice from a Las Vegas criminal defense attorney. You might find out that pleading guilty isn’t your only option since it may turn out that the self-defense strategy is suitable for your case and could allow you to avoid a criminal conviction.
When you call our Las Vegas law firm for help dealing with Nevada’s criminal justice system, you can speak with a knowledgeable criminal defense attorney about which defense angles would work best for your case. If our criminal defense lawyers don’t believe self-defense is right for your case based on the circumstances, we can help prove other defense angles, such as mistaken identity or false accusations against you.
You can rest assured our Las Vegas criminal defense lawyers will work hard to get a favorable outcome for your case, regardless of the strategy we decide to use. If you don’t want to go to court alone, you can benefit from the guidance of skilled criminal defense attorneys with a proven track record of helping Las Vegas clients defend their legal rights. We’re eager to help you navigate the criminal justice system in Las Vegas, so call 725-217-4753 for a free consultation.
We write weekly articles to help you learn about Nevada Law. Here are our posts about self-defense:
