It cannot be stressed enough how important it is to know self-defense laws.
Maybe you’ve never given it much thought. You might not even consider yourself prone to getting into physical altercations. But the reality of the matter is assault charges are something almost anyone could face.
It’s easy to assume that if you’re protecting yourself, the law will “figure it out.” But the reality of felony assault defense is if you don’t know the law, you could face:
- Criminal charges
- Years in prison
- A felony record for life
That’s just the beginning.
Let’s take a closer look…
What Is Felony Assault Defense?
Felony assault defense refers to the defenses against serious assault charges.
Assaults happen whenever a physical altercation results in someone getting injured. If you harm another person, even while defending yourself, you could be charged with felony assault (or aggravated assault).
The issue is that just because you are the “good guy” doesn’t mean the justice system knows that.
Criminals think prosecutors care about the circumstances behind an injury. They’re wrong. If someone is injured badly enough, the prosecutors will file charges regardless of who was at fault. That’s why it’s important to hire a skilled assault lawyer in Denver if you find yourself in a situation where felony assault defense becomes necessary.
Felony convictions are a life sentence. A person will face 5 to 15 years if convicted of aggravated assault. They’ll also lose their right to vote, own firearms, and have a difficult time finding stable employment.
FBI statistics reveal that violent crime occurred once every 25.9 seconds in the United States in 2024. Aggravated assault accounted for a large majority of those crimes. This means hundreds of thousands of Americans face potential felony assault charges every year. Many of them will feel overwhelmed and won’t know who to call for help.
Felony assault charges require felony assault defense. If you know the law, you have a fighting chance to keep your record clean.
Why Self-Defense Claims Get Denied
Claiming self-defense is one of the most common defenses to an assault.
However, there are several reasons why it doesn’t always work. As mentioned above, the burden of proof shifts to the defendant when they claim self-defense.
In other words, you have to prove your innocence. Three common mistakes that cause self-defense claims to fail include:
- Using too much force
- There was no imminent threat to safety
- The defendant was the aggressor
Too much force simply means you did more damage than was required under the circumstances. Punching someone who shoved you is self-defense. Shooting someone who punched you may be seen as excessive.
Examples of imminent threat would be someone pulling out a gun or swinging at you. You cannot claim self-defense if the other person was no longer threatening you.
Finally, you cannot claim self-defense if you were the initial aggressor. If you started the altercation, the court is going to scrutinize your actions much more closely.
Knowing these things in advance can help you avoid these self-defense pitfalls.
Stand Your Ground vs. Duty To Retreat
Self-defense laws change drastically from state to state.
Some states have Stand Your Ground laws which allow you to defend yourself with no obligation to retreat. Others have Duty To Retreat laws meaning that you must first attempt to avoid the conflict.
Why should you care?
Because self-defense in one state could be felony assault in another.
FBI crime statistics showed violent crime decreased nationally by 4.5% in 2024. Property crime also went down. Unfortunately, assaults happen frequently and knowing the difference between Stand Your Ground and Duty To Retreat can be the difference between winning and losing your case.
Half the United States has a Stand Your Ground law. If you live in one of those states, it’s important to understand the Self-Defense statutes that apply to you. Your freedom could depend on it.
5x Critical Elements of a Valid Self-Defense Claim
If you plan on using self-defense as part of your felony assault defense strategy, five things must be proven beyond a reasonable doubt.
Fail to prove any one of them and your self-defense claim doesn’t work.
- Fear of harm must be reasonable
- Threat must be imminent
- Force used needs to be proportional
- Defendant cannot be the aggressor
- No duty to retreat (depending on state)
Reasonable fear of harm means that the defendant must have believed they were in danger. It doesn’t matter if they actually were in danger. It matters what a reasonable person would have believed in that situation.
As stated above, there must be an imminent threat. This means that “someone is going to hurt you later” does not qualify.
Proportional force means that you respond to a threat with similar force. You can’t beat someone with a gun who punched you. But you may be able to punch back if someone tries to hit you.
The defendant as the aggressor means that you can’t claim self-defense if you were the initial person to instigate the violence.
Last is no duty to retreat. If you live in a Duty To Retreat state, you must show that you couldn’t safely remove yourself from the situation.
All five of these elements must be satisfied to successfully use self-defense as a felony assault defense.
How To Protect Your Future After an Incident
The steps taken after the incident are just as important as the actions taken during the event.
There are certain things everyone should do after they claim self-defense. Failing to do these things can seriously hurt your case later on.
- Call 911 (and let them send the first responders)
- Don’t give detailed statements to law enforcement
- Document everything with photos
- Retain legal counsel ASAP
- Write down every witness’s information
Number four cannot be stressed enough. Once a police officer files a felony assault charge, it’s too late. By that point, your entire life is now in the hands of your attorney and the prosecutor.
Don’t wait. Contact a defense lawyer as soon as possible to ensure your rights are protected.
The Bottom Line
Just because you have the right to defend yourself doesn’t mean you won’t face felony assault charges.
Knowing self-defense laws before you find yourself in a defensive situation is critical to protecting your future. Assault and battery charges are something that could happen to anyone.
Remember…
- Learn the laws before you need them.
- Know if your state is a Stand Your Ground or Duty to Retreat state.
- Do not use more force than necessary.
- Contact a criminal defense lawyer immediately.
Assaults don’t plan ahead. You can. Equip yourself with the knowledge to protect yourself and your future both during and after a self-defense situation occurs.
