Van Houten Law are located at Parramatta and Baulkham Hills. The Principal Mr Rodney Van Houten is an Accredited Criminal Law Specialist and prior to that was a Police officer. The defence of self-defence as a legitimate legal concept is recognised at law. Self-defence applies to a pre-emptive strike to prevent what the person believes to be imminent attack. The Law allows an individual to use reasonable force to protect themselves or others from imminent harm or danger. The specific laws surrounding self-defence can vary by jurisdiction, but the core principle is widely accepted in legal systems around the world.
Here are some key points that criminal lawyers often consider regarding self-defence:
1. Reasonable Belief: In many legal systems, the use of force in self-defence must be based on a reasonable belief that there is an immediate threat of harm. This means that an individual must genuinely believe that they or others are in danger, and that belief must be considered reasonable under the circumstances.
2. Proportionality: The use of force in self-defence is generally required to be proportionate to the threat faced. This means that the level of force used should not exceed what is reasonably necessary to counteract the threat.
3. Imminence: The threat of harm must be imminent for self-defence to apply. It's generally not sufficient to use force in response to a future or speculative threat.
4. Duty to Retreat: Some jurisdictions have a "duty to retreat" requirement, meaning that individuals must attempt to avoid or retreat from a confrontation before resorting to force, especially deadly force. Other jurisdictions have a "stand your ground" principle, allowing individuals to stand their ground and use force without a duty to retreat.
5. Subjective and Objective Elements: Self-defence often involves both subjective and objective elements. The individual's subjective belief in the need for self-defence is considered, but there is also an objective standard applied to determine if a reasonable person in similar circumstances would have perceived a threat.
Criminal lawyers may advise their clients on understanding the self-defence laws applicable in their jurisdiction, as well as guiding them on how to present evidence and arguments to establish a valid claim of self-defence if they are facing criminal charges. It's important for individuals to consult with legal professionals to receive advice tailored to their specific situation and local laws.