Certain defense strategies are more common than others. Those accused of violent crimes, in particular, may respond to the charges they face with claims of self-defense. The law in Indiana reflects the common law belief that individuals have a right to protect themselves from an imminent and credible threat of harm.
That being said, rules about self-defense are different in every state, and people often feel uncertain about whether their circumstances meet the necessary standard for an affirmative defense. Those who respond to charges with claims of self-defense do not deny that they engaged in certain actions. Instead, they insist that their actions were necessary for their own protection. The following are the three main scenarios that lead to claims of self-defense under Indiana law.
Credible threats of physical injury
The most straightforward self-defense scenario involves one party making credible threats against another or initiating some kind of physical altercation. Someone already struck or assaulted by another party might respond with physical force to prevent the situation from escalating.
Someone listening to credible verbal threats from an individual who seems intent on following through may also be able to justify taking physical action for their own protection. If other reasonable people might also feel the need to use force in the same situation, the actions they took may constitute self-defense under Indiana state statutes.
Concerns about another person
Sometimes, claims of self-defense actually involve an attempt to defend another person. The law in Indiana allows an individual to use physical force to stop a crime or assault in progress for the protection of a third party. That third party could be a member of someone’s family or a total stranger. As long as a reasonable person might agree with the analysis that force was necessary to protect an innocent party, actions that may otherwise constitute violent crimes could technically be self-defense.
A need to protect property or a dwelling
Self-defense claims can also arise in response to attempts to damage or steal personal property. For example, in a home invasion scenario, people may use physical force to protect their dwelling, its occupants and their possessions. In a carjacking scenario, an individual facing the threat of physical force and property theft could justify their decision to use physical force against the thief.
Affirmative defenses are often a good strategy for those facing criminal charges backed by strong evidence. Reviewing the state’s case and state statutes with an experienced legal team can help defendants choose the best response to pending criminal charges that could have major implications for the future.