Self-Defense Lawyer in Murfreesboro
Giving You a Chance to Tell Your Side of the Story
Many times, people acting in self-defense are wrongly charged with a crime. For example, perhaps a burglar breaks into a man's home and the man shoots the burglar robber after telling him to get out. The man is then arrested for murder. At the office of Attorney Michael Auffinger, we understand that there are many different situations in which self-defense may be the best response.
We want to help defend you if you have been arrested for defending yourself or others and help prevent a conviction. You can rely on us to aggressively protect your rights as well as use our knowledge of the law to keep you informed of your options.
To learn more about how we can help and under what circumstances self-defense is acceptable, call our office at (615) 258-6575.
Justifiable Use of Deadly Force & Exceptions
Although you may think telling your side of the story will be enough to justify your cause, this is not the case. Self-defense is not always justifiable in the court's eyes. There are a few factors which are considered to determine if self-defense is justifiable, such as whether there was another way for you to escape harm. In the past, it was required by law that you choose the latter option rather than force, where possible.The level of force used will also be considered, specifically that it is proportional to the threat or force used upon you.
A person may be justified in the use of deadly force and would not have the "duty to retreat" if:
- The person believed that using deadly force was necessary to prevent bodily harm or death to one's self or others, or to prevent a forcible felony
- Deadly force is being used against a person who is at the time forcefully and unlawfully breaking into an occupied vehicle, residence, or dwelling
Exceptions to the use of deadly force (in self-defense cases) are known as instances where deadly force cannot be used. For example, deadly force cannot be used against the owner/resident of the vehicle, residence, or dwelling. It also cannot be used against a parent who is picking up a grandchild or child for whom they have custody over or a known law enforcement officer.
Understanding the "Stand Your Ground" Law
As described above, the old law stated that when a person was anywhere but in their own home, they must first attempt to retreat before using force towards an aggressor. Thanks to the Stand Your Ground law, this changed the way self-defense law is perceived.
Under this new law, a person who is attacked or has force used upon them does not have the duty to retreat. This law states that the person who is being threatened can stand their ground, meeting force with force. At the office of Attorney Michael Auffinger, our knowledgeable Murfreesboro self-defense attorney can work with you to build a case on your behalf and prove that your actions were justified.
If you were arrested or charged with a crime of which you were defending yourself, please call our firm at (615) 258-6575.