In the United States, self-defense laws vary from state to state, but the general principle remains: you have the right to protect yourself and others from imminent danger. However, claiming self-defense is not as simple as saying you feel threatened.
In legal terms, self-defense is considered an affirmative defense. When you claim self-defense, you essentially acknowledge your actions while arguing that the circumstances made them necessary and lawful. To help you navigate Indiana’s self-defense laws effectively, here are the key elements that determine when using force for protection is legally justified in the state.
You cannot be the one to start a fight
If you initiate a confrontation or engage in behavior that leads to a physical altercation, you may not be able to claim self-defense if things escalate. For example, if you start shoving someone during an argument, you cannot claim self-defense if they respond with force.
You must have a reasonable belief that you are in danger
You do not need to be 100% sure of the danger, but your belief should make sense based on what is happening around you. For instance, if someone threatens you with what looks like a weapon, you may justifiably use defensive measures to protect yourself, even if it turns out to be a toy later.
You must use proportionate force
When defending yourself, you should match the threat you face. If someone tries to slap you, you cannot pull out a weapon in response. You use the minimum amount of force necessary to protect yourself, and you stop using force as soon as the threat has passed.
The danger must be real and immediate
For self-defense to be justifiable, the threat you are facing needs to be happening at the moment or about to happen very soon. If you are in a situation where you have already escaped from the threat or the danger has passed, you cannot use force to retaliate or seek revenge.
When force is not self-defense
If you ever find yourself in a situation where you might need to use force, take a moment to assess the danger. Is it real? Is it happening right now? Are you using only an appropriate amount of force to stay safe? These questions can help guide your actions. By being informed and responsible, you can protect yourself and others while also respecting the law.