How Self-Defense Claims Work in Violent Crime Charges
March 6, 2025
When facing violent crime charges in Tennessee, one potential defense strategy is claiming self-defense. This legal defense allows individuals to justify their actions if they were protecting themselves from harm.
At William L. Pomeroy Law in Brentwood, Tennessee, the importance of thoroughly evaluating self-defense claims is recognized. Criminal defense strategies like these can significantly affect the outcome of a case, and understanding how self-defense claims work is crucial for anyone involved in a violent crime case.
What Qualifies As Self-Defense in Tennessee?
In Tennessee, self-defense is legally recognized when an individual uses force to protect themselves from imminent danger. This means the person must reasonably believe they’re at risk of physical harm.
Self-defense claims typically arise in situations involving assault, battery, robbery, or other violent crimes, where a defendant asserts they acted to protect themselves, others, or even their property.
Tennessee law allows individuals to use force in self-defense, but the amount of force used must be proportionate to the threat. This concept is referred to as "reasonable force." Essentially, a person can use only as much force as necessary to protect themselves from harm.
Elements of Self-Defense in Tennessee
To successfully raise a self-defense claim in Tennessee, certain elements must be present. These elements help courts determine whether the use of force was justified under the circumstances. Below are the key factors:
Imminent threat of harm: The threat must be immediate and unavoidable. A person can’t claim self-defense if the danger is not imminent, such as when the threat has passed or when they have an opportunity to retreat safely.
Proportionality of response: The response to the threat must be proportional to the harm faced. This means using deadly force in a situation where only non-deadly force was necessary could undermine a self-defense claim.
Reasonable belief: The individual must have had a reasonable belief that they were in imminent danger. This belief doesn't have to be correct, but it must be reasonable under the circumstances.
No opportunity to retreat: Tennessee follows a “Stand Your Ground” law, meaning individuals are not required to retreat if they’re in a place where they have the right to be. They can stand their ground and use force to defend themselves.
Types of Force Used in Self-Defense Claims
Tennessee law differentiates between deadly force and non-deadly force when it comes to self-defense. Each type has different requirements and limits regarding its use:
Deadly force: Deadly force is any force likely to cause death or serious bodily harm. It can include the use of firearms, knives, or any object used with the intent to cause significant injury or death.
Non-deadly force: Non-deadly force refers to force that does not pose a significant risk of death or serious injury. It may involve pushing, shoving, or using an object to defend oneself without intending to cause lethal harm.
For a self-defense claim to be successful, the force used must match the threat. If an individual uses deadly force when a non-deadly threat exists, their claim could be challenged.
The Burden of Proof in Self-Defense Claims
In Tennessee, the defendant has the burden of raising the self-defense claim, but once it’s raised, the prosecution must prove beyond a reasonable doubt that the defendant was not acting in self-defense. This burden-shifting aspect is crucial because it gives the defendant the opportunity to assert that their actions were justifiable.
To successfully argue self-defense, the defendant typically presents evidence showing that they were in imminent danger and used reasonable force to protect themselves. This can include witness testimony, physical evidence, and expert opinions.
Self-Defense in Different Violent Crime Scenarios
Self-defense can be invoked in various violent crime charges. Below are common scenarios where a self-defense claim might apply:
Assault
Definition of assault: Assault in Tennessee involves intentionally causing bodily injury or making someone fear imminent bodily harm.
Self-defense application: A person charged with assault may claim they acted to prevent an attack from occurring. For example, if someone is approaching them in a threatening manner, they might use force to stop the threat.
Homicide
Definition of homicide: Homicide refers to the killing of another person. It can be either criminal or justifiable, depending on the circumstances.
Self-defense application: In cases of homicide, if an individual can prove they killed another person in self-defense due to an imminent threat, they may avoid criminal liability. Tennessee's Stand Your Ground law is often referenced in these cases to argue that no retreat was necessary.
Robbery
Definition of robbery: Robbery involves the use of force or the threat of force to take property from another person.
Self-defense application: In a robbery scenario, a defendant may argue that they used force to protect their own property or prevent an immediate theft, thus justifying their actions.
Domestic Violence
Definition of domestic violence: Domestic violence includes acts of physical harm, threats, or harassment between individuals in a domestic relationship.
Self-defense application: In domestic violence cases, self-defense may be invoked if an individual used force to protect themselves from an abusive partner. Courts must assess whether the force used was reasonable in the context of the ongoing abuse.
When Self-Defense Claims Might Not Apply
Although self-defense is a valid legal defense in many violent crime cases, there are circumstances in which it may not apply. Some common situations where a self-defense claim is unlikely to succeed include:
Starting the altercation: If the defendant provoked the situation, they may not be able to claim self-defense. Tennessee law requires that the person asserting self-defense was not the aggressor.
Escalating the conflict: If the defendant escalates the violence in response to a minor threat, their self-defense claim could be weakened. Courts will consider whether the use of force was necessary or if the defendant overreacted.
Using excessive force: If the force used by the defendant was disproportionate to the threat, the claim may be denied. For example, using a weapon in response to a verbal threat may not be considered reasonable.
Evidence That Supports a Self-Defense Claim
When raising a self-defense claim in a violent crime case, certain types of evidence are particularly helpful in proving the defendant’s innocence:
Eyewitness testimony: Individuals who witnessed the incident can provide crucial information about the circumstances surrounding the use of force.
Medical evidence: Injuries sustained by the defendant or the alleged victim can help establish the extent of the threat and the appropriateness of the defendant's response.
Surveillance footage: In some cases, surveillance cameras may capture the altercation, offering objective evidence of how events unfolded.
Police reports: Initial police reports can help establish whether the defendant reported the incident as a self-defense situation or whether they were cooperative with law enforcement.
How an Attorney Can Help With Self-Defense Claims
Building a strong self-defense claim requires a thorough understanding of Tennessee’s laws and how they apply to the specific facts of the case. Working with a criminal defense attorney can make a significant difference in the outcome of the case. Here’s how an attorney can help:
Investigating the case: An attorney can gather evidence, interview witnesses, and examine the circumstances surrounding the alleged violent crime.
Presenting the defense: A skilled criminal defense lawyer can present the self-defense argument effectively, using legal precedents, witness testimony, and analysis to support the claim.
Negotiating a favorable outcome: In some cases, self-defense claims can lead to a reduced charge or a dismissal of the case. An experienced lawyer can negotiate with prosecutors to reach the best possible result.
Get in Touch Today
If you’re facing violent crime charges in Tennessee and believe you have a valid self-defense claim, contact William L. Pomeroy Law today. Serving Brentwood, Tennessee, Davidson County, Williamson County, and Rutherford County, their attorneys are committed to defending your rights and striving for you to receive fair treatment under the law. Reach out today to discuss how they can help you.