Can You Claim Self-Defense When Facing Domestic Violence Charges?

Domestic violence charges often arise when arguments get out of hand. However, each person’s role in the argument and subsequent escalation will determine who may face charges and the defenses they can raise to them.

Self-defense is a natural reaction when someone attacks you. It’s also a potential legal justification that a skilled attorney can use to push back against domestic violence charges.

What Is Self-Defense?

Self-defense is a legal justification for the use of force or threats of force. In Nevada, you’re allowed to use force, including deadly force, or threaten the use of force to protect yourself from someone else. The complexity of these cases comes from assessing one instance of force or threat in light of the other.

When Can Self-Defense Be Used in Domestic Violence Cases?

Self-defense is available as a defense in some (but not all) domestic violence cases. Nevada defines domestic violence to include the following charges committed against a spouse, ex-spouse, relative by blood or marriage, current or former dating partner, or co-parent:

• Assault

• Battery

• Sexual assault

• Coercion

• Arson

• Stalking

• Trespassing

• Larceny

• Destroying private property

• Burglary

• Killing or injuring a pet or animal

• Home invasion

• False imprisonment

• Pandering

You can cite self-defense to justify your actions when facing some of these charges, such as assault, battery, and false imprisonment. However, this strategy probably won’t work for other charges, such as stalking or larceny.

Nevada law outlines when self-defense applies to justify the use of force. The law is a bit hard to interpret, but basically, it allows you to use non-lethal force in the same circumstances in which you would be justified in using lethal force.

First, you can defend yourself when another person is committing or attempting to commit a felony against you. The other person’s actions must be unlawful and intentional. If your spouse accidentally trips and falls on you, you aren’t justified in responding with violence.

Second, you can defend yourself when you reasonably believe the other person imminently intends to injure or commit a felony against you. The reasonable belief necessary for self-defense is an objective standard.

In other words, your attorney must persuade the jury that another reasonable person in your situation would have believed that the other person posed an imminent threat of injury. 

For example, if you and your spouse are yelling at each other, and they say, “I should knock you out for that” before walking away, you likely wouldn’t be justified in hitting them. However, if they say the same thing and step toward you, you might have a valid defense.

Limits on Self-Defense in Nevada

Nevada law imposes some additional limits on the use of self-defense.

For one, you must not use more force than is necessary to stop or prevent the attack. Thus, a jury may not agree that you acted in self-defense if you responded to a shove by shooting someone.

However, the proportionality of your response depends on the circumstances. It might be appropriate to respond to being shoved by shooting the other person if they were brandishing a knife.

Moreover, you generally must not have initiated the conflict to claim self-defense. The law doesn’t allow you to start a confrontation, then justify your actions by saying that the other person responded to your provocation. Self-defense might apply, though, if you started a fight but withdrew, and the other person then restarted it by attacking you.

Similarly, you might have acted in self-defense if the other person escalated the conflict. 

For example, suppose that you slapped the phone out of a relative’s hand, and they responded by choking you, so you hit them with an object. The initial slap might qualify as an assault or battery, but the subsequent strike on the head may be considered self-defense to prevent them from injuring you.

How to Prove Self-Defense

Self-defense is an affirmative defense, which means you must present evidence to support your claim. The evidence your attorney might use to prove self-defense includes:

• Witness testimony

• Photos of videos taken during or after the conflict

• Medical records

• Expert reconstruction of the incident

For example, your lawyer might seek to prove that you acted in self-defense by cross-examining the alleged victim to reveal that they started the fight. They might also present medical records and photos showing that you had cuts and bruises from the initial attack.

Turn to DUI Doctor for Help With Your Domestic Violence Charges

A domestic violence conviction could result in mandatory jail time, fines, and other collateral consequences. However, a successful self-defense claim could allow you to defeat your charges. Contact DUI Doctor today to discuss your situation and whether you can claim self-defense to justify your actions.