| We all believe that we have an absolute right to protect ourselves, our property, and our loved ones. But to what extent? As an experienced criminal defense attorney based in Southern California, I have encountered and defended individuals who have been involved in situations that Hollywood script writers wouldn't believe. Most situations are not clear and absolute. The seeming aggressor often was the first one attacked. When two individuals are involved in a dispute, the one with the more serious injury -- mark, abrasion, cut, etc. -- usually ends up facing criminal charges regardless of who initiated the dispute and conduct at issue. The notion of self defense was in the news again today. In Green Oak Township, Michigan, police arrested a 69 year old man at his home. It seems that a boy and three other juveniles were ringing doorbells in the neghborhood when the man confronted the boy and shot him in the lower back. The homeowner is claiming "self defense." Here in California, the law regarding self defense is clear. One is only allowed to use an equivalent amount of force to protect themselves, their property, or others to the extent that the threat is being directed; Deadly force allowed in defense only when deadly force is being threatened. In the Michigan man's case, without knowing more, I do not believe that he will successfully be able to claim self defense. Often, it is only through vigorous investigation and cross examination that the truth emerges. Understanding all facts and circumstances is key. Trials, for instance, are all about the closing argument. It is at that point that a picture is painted for a jury (or judge) and a skilled attorney is able to concisely and effectively summarize their theory of the case. In my experience, being able to put the "whole puzzle" together is key. Whether trying a case in Ventura, Riverside, Los Angeles, or elsewhere, having the right experience and expertise is of utmost importance. The case in Michigan is not the ultimate example of how self defense can and should effectively be used to defend a client. But, it demonstrates the need for a vigorous and proactive (often creative) criminal defense. To learn more about this issue, or if you, a friend, or loved one is being charged with a crime, contact the Law Offices of Richard M. Sudar at (310) 277-4112. To immediately be connected to our experienced team you also can simply click here for immediate assistance. |
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Posted By Richard Sudar on November 21, 2009 08:11 pm | Permalink  |