Individuals accused of violent crimes may decide to defend against the allegations that they face. Someone facing assault or homicide charges may insist that they did not intend to harm someone else. Instead, they acted to defend themselves, their property or another person.
People in Indiana have a right to defend themselves against direct threats of physical harm and criminal activity. Unfortunately, many people have a hard time understanding the rules that apply to self-defense claims. The laws are different in every state, which can leave people uncertain about whether they can assert that they acted in self-defense.
Rules related to the duty to retreat differ from one location to the next. Some states only allow for the use of force when people have already tried to leave or can’t get away from a dangerous situation. Do people have to try to leave a situation before acting in self-defense in Indiana?
Indiana embraces the castle doctrine
The legal idea that an individual’s home is their castle is the common law concept behind the castle doctrine. Indiana actually explicitly enshrines this concept in self-defense statutes. Individuals in their own homes have the right to use an appropriate amount of force to protect themselves, other people present and their property. They do not have a duty to retreat from a threat in their own homes.
In fact, the law in Indiana also includes a stand-your-ground statute. If an individual was not in the act of breaking the law or trespassing, they typically have no duty to retreat before using force to defend themselves. They can also defend another person in a public setting without trying to leave the situation first.
Occasionally, a duty to retreat may exist. If one party instigated the altercation, they may need to try to leave or de-escalate the situation before using force to protect themselves. Forensic evidence and the perception of witnesses can both influence the right of an individual to claim they acted in self-defense.
Those hoping to fight their criminal charges on the basis of self-defense often need support from someone familiar with state statutes and judicial precedents. Reviewing what led to violent criminal charges with a skilled legal team can help defendants develop effective criminal defense strategies. Claims of self-defense can be a viable option in many cases.