Every individual has the right to defend themselves if attacked. If you are being threatened with an attack in your house, your workplace, or your car, you are entitled to defend your life or the lives of others by using reasonable force against the person who is intending to cause you bodily harm.
Self-defense is an instinct and a basic human right. Few people would think long and hard about it before acting it out. But in some cases, assault charges are brought against the person who was only trying to protect themselves, their property, or another human being. Especially when deadly force has been used by the person to counter the attack.
When self-defense is used as a defense strategy, it also means that the accused is admitting that he or she committed the crime, but has the justification that they were being threatened with force. The prosecutor will try to disprove the claim of ‘self-defense’, enough to satisfy the judge or the jury. Your defense attorney’s ultimate goal is to prove that whatever action you used to defend yourself, was justified.
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What the Law Says
Kansas law states that there is no ‘duty to retreat’ when confronted with an attacker on a place that you have the legal right to be.
The state follows the Castle Doctrine, in which a person who feels threatened within their home or anywhere they have a legal right to be, has the right to stand his or her ground. It allows the use of physical or deadly force if they reasonably believed it was necessary to prevent imminent death or great bodily harm.
Exercise Your Rights
No matter what the circumstances were that led to you using force in self-defense, you must consult an attorney before speaking to any law enforcement official, or anyone else for that matter. The early hours of arrest and imprisonment are very sensitive. Anything you say to anyone other than a counsel, knowingly or not, can be used against you later. Do not get intimidated into answering any questions, even if you believe you are completely innocent.
Proven Legal Ability of the Swain Law Office
Every case is unique and deserves the full attention and effort of your attorney. The people of Kansas have trusted the Swain Law Office to zealously and vigorously defend thousands of cases. The legal team at the Swain Law Office specializes in criminal law, seasoned in laws of self-defense. We will listen to your case and explain to you and your family what each option will entail. Once you enlist our services, we will immediately begin an extensive investigation and hire the necessary experts to prove your innocence.
Call or contact the Swain Law office if you or a loved one has been arrested for using the right of self-defense. Act immediately and get an initial consultation, free of cost. Don’t hesitate to call us for an appointment, even if it is on the weekend, evenings, or in jail.