PROVING SELF DEFENSE IN THE MILITARY
At Bilecki Law Group,We believe every service member has earned their right to an aggressive defense on their day in court. We specialize in taking the fight to the prosecution and winning cases that others said were unwinnable.
- You perceived a true threat to your person or to other people around you.
- You were placed in fear by threats of violence against you or other people around you.
- You did not initiate the fight or provoke the opposing party.
- The force you used was proportional to the threat or force used against you.
Homicide or Assault Involving Self Defense
Death or Grievous Bodily Harm Involving Self Defense.
Self Defense When Death of The Victim was Unintended and Deadly Force Not Authorized.
- First, you had a reasonable belief that bodily harm was about to be inflicted on yourself;
- Second, you believed that the force you used was necessary to protect yourself;
- Third, deadly force was not used by the you;
- Fourth, the death of victim as not intended by you; and
- Fifth, the death of the victim was not a reasonably foreseeable result of your actions.
Excessive Force to Deter in Self Defense
- First, you must have reasonably and honestly believed that the alleged victim was about to inflict some bodily harm on you. The test here is whether, under the same facts and circumstances, a reasonably prudent adult faced with the same situation, would have believed that there were grounds to anticipate immediate physical harm. Because this test is objective, such matters as intoxication or emotional instability are not relevant.
- Second, you must have intended to use, and must in fact have used, the weapon or means only as a deterrent and not in a manner likely to produce death or grievous bodily harm.
Duty to Retreat in Self Defense – Stand Your Ground
Intoxication and Self Defense
Provocation and Self Defense
Self Defense of Another
Complex Issues Call For Experienced Defense Attorneys
As you can see, while the concept of self defense and defense of others is simple, the military law on the issue certainly is not. If you were in a situation in which you had to use self defense to protect yourself or someone else and now you are being charged at a court martial, give us a call. We have been there before, many times, and will shoot you straight, make sure all your questions get answered and ensure that you are well represented.