Can Domestic Assault Be a Form of Self Defense

Yes. Domestic assault can be considered self-defense in domestic violence cases. While domestic violence, abuse, or assault is an immensely severe offense, in some instances, domestic assault victims may have no choice but to defend themselves. Fortunately, victims can raise the self-defense strategy in domestic abuse cases. This is especially true in cases in which the defendant is the victim of abuse and needs to utilize force against the other person involved, whether to defend themselves or another person.

In such cases, it is critical to properly demonstrate that your actions were justified due to the threat the aggressor posed. To do that, you will need a seasoned Nashville, TN, domestic violence attorney to prove that you committed assault to defend yourself or another individual.

Understanding How Domestic Assault Can Be Used as Self-Defense

Under Tennessee law, people are permitted to use reasonable, even deadly force, to safeguard themselves or other individuals if they reasonably believe that they will suffer serious bodily injury. Generally speaking, self-defense may be asserted as a defense in cases in which a defendant has allegedly used violence or assaulted another individual. However, for the self-defense claim to be successful, it must be proven that the force used was reasonable and necessary under the specific circumstances.

If you have been accused of domestic violence because you defended yourself or others, the court will take into account various factors, like the ones below, when determining whether you have a valid self-defense claim:

• The severity and credibility of the threat the alleged victim posed
• Whether there’s a history of abuse or violence between you and the alleged victim
• Whether you had the opportunity to back down or defend yourself without assaulting the alleged victim
• The proportionality of your response to the alleged victim’s threat

What to Do If You’ve Been Accused of Domestic Violence

There are important steps you should take to support your claim of self-defense if you’ve been accused of domestic violence:

• Document the incident and collect evidence. Gather any pictures, videos, and other evidence that can help prove your claim, including photos of any injuries you suffered during the incident or property that the alleged victim may have damaged. You should also write down or record everything that occurred, such as the alleged victim’s threats or actual acts of violence. Be as detailed as possible.
• Get medical attention right away. Having medical records will help prove the seriousness of your injuries and the rationality of your actions due to the danger you face.
• Discuss your case with a Nashville, TN, domestic violence attorney as soon as you can. They will evaluate your claim, guide you through the legal process, and prove that you have a valid claim of self-defense, given the circumstances.

Get In Touch With a Skilled Nashville, TN, Domestic Violence Attorney Today

If you’ve been arrested for or have been charged with domestic violence because you defended yourself, reach out to our Nashville, TN, domestic violence attorney at Andrew C. Beasley, PLLC. Schedule your free case assessment with our Nashville, TN, domestic violence attorney by contacting us online or dialing 615-620-5803.