An assault conviction in Tennessee can be accompanied by harsh penalties like hefty fines and extensive prison sentences. Implementing a strong defensive strategy in your case is crucial to ensure you have the chance to fight your charges. Self-defense can be an effective defense against assault charges depending on the details of your case. Work with a Memphis assault lawyer for skilled representation and legal advice.
How is Self-Defense Defined in TN?
Self-defense is any action that an individual takes to protect themselves, their home, or others from an unlawful attack by another party. Essentially, if you are attacked or have reason to believe an individual is going to physically assault you, self-defense is any force you use to prevent them from harming you.
According to Tennessee law, specifically TN Code § 39-11-611, “a person who is not engaged in conduct that would constitute a felony or Class A misdemeanor and is in a place where the person has a right to be has no duty to retreat before threatening or using force against another person when and to the degree the person reasonably believes the force is immediately necessary to protect against the other’s use or attempted use of unlawful force.”
In layman’s terms, if you are not committing a crime or trespassing and a person attempts to attack you, you have the right to use force to quell the attack.
Is Self-Defense a Good Defense Against Assault Charges in TN?
Self-defense can be an effective defense against assault charges in Tennessee depending on the details of the circumstances. If you can prove that the other person involved threatened or intended to cause you harm, serious bodily injury, sexual abuse, or death, self-defense may be a good defensive strategy.
Self-defense can apply to your case if you:
- Were not in the commission of a crime
- Were in the area lawfully
- Had a reasonable belief that you were in imminent danger of bodily injury, death, or some sort of assault
- Used force necessary and proportionate to the danger you were facing
You can prove the above through various types of evidence including witness testimony, video surveillance footage, and more. While self-defense is a valid reason to exert force on another individual, it can be difficult to prove in court, especially when you are being accused of assault.
Obtaining the help of a skillful attorney can turn the tide in your assault case. Your lawyer will have an in-depth understanding of the law and the experience necessary to implement self-defense as a defensive strategy. Keep in mind that in any criminal case, the prosecution bears the burden of proving you are guilty. You and your attorney must simply cast doubt on their argument which can be done by claiming self-defense.
For more information and to retain the services of a skilled lawyer, contact Ballin, Ballin & Fishman, PC today.
