Different states define violent crimes differently, and the penalties vary accordingly. They may include fines or jail time. The most common violent crime charges are assault and battery, which involve harming or threatening to harm another person. You can defend yourself against these charges by claiming that your force was reasonable.

Self-Defense

This is a common defense to violent crimes like battery (striking someone), assault with a deadly weapon or murder. It’s an affirmative defense, which means you admit that the crime was against the law but argue that you acted under mitigating circumstances to protect yourself or others.

So, what is considered violent crime? Any crime that involves the threat of or actual use of harmful force against a victim is considered violent. Various nations and even states have different definitions of violent crime. What constitutes a violation of a law varies depending on the jurisdiction. 

To successfully argue self-defense, you must reasonably believe that physical harm was imminent. The level of force used must also be proportional to the threat faced. For example, a three-year-old threatening to hit you with a book would not likely be seen as justifiable grounds for a slap, but a large man grabbing your neck might.

Self-defense is a complex legal issue; not just anyone can claim it as an excuse for their actions. Your attorney must study your case carefully and understand the law regarding self-defense. It is one of the most difficult defenses to use in court.

Defense of Others

Defense of others, closely related to the law of self-defense, allows people to use force (even deadly force) to defend someone else. Using this defense requires that the accused believe that the person in question was in imminent danger and that the power they used to protect them was reasonable in light of the circumstances.

For a defendant to be acquitted of a crime, like with all legal defenses, they must establish their innocence beyond a reasonable doubt. Reasons can be factual or based on justification or excuse and are categorized as affirmative, imperfect, or perfect. An example of a substantial defense would be an alibi. It might be challenging to defend yourself against criminal accusations. Therefore, it’s crucial to seek legal counsel.

Defense of Property

After the George Zimmerman case, many people have been checking their state’s stand-your-ground laws to understand when they can legally defend their property. However, the defense of property is a more limited right than self-defense and does not allow for the use of deadly force.

The defense of property allows a person to use power against others who infringe on their possessory interest in real or personal property in the defendant’s lawful possession. The use of force must be reasonable and not excessive. For example, if Samantha lived in a quiet suburban neighborhood and heard someone trespassing in her yard one night, she could call the police and request that the trespasser leave.

If the trespasser ignored her request, she may have grounds to argue that she was justified in pushing them out of the yard with force. However, if the trespasser were a stranger and threatened Samantha’s safety, she would likely not be able to use the defense of property for her actions. The value of human life is considered higher than the value of property.

Insanity

The insanity defense, as its name implies, argues that the accused person did not know right from wrong when they committed the crime. It is a rare defense, but it can succeed if there is evidence that the defendant has an incurable mental disease and that the illness prevented them from understanding what they were doing at the time of the offense.

The defense relies on psychiatric testimony. It also focuses on whether the accused person understood that their actions were wrong and that they could cause harm to others. The insanity defense has been around for centuries. Still, it only became legal after three centuries of different tests, such as the Wild Beast test, the Insane Delusion test, and the M’Naghten rule.

A person is not guilty of criminal behavior if they lack a significant amount of capacity to understand the nature, quality, or wrongfulness of their conduct or to conform to the requirements of the law.