Self Defense

With constantly rising crime rates, private citizens are facing a risk of violent crime at never before seen levels. Dwindling interest in law enforcement jobs has many police departments strained with manpower shortages and those who still answer the call to serve in uniform are stretched thin with manpower and demands on any given shift, leaving criminals a better opportunity to avoid law enforcement. That means the private citizens are left to defend themselves and ensure their own safety. But doing so comes with its own risk of arrest and prosecution. Knowing your rights and what actions you can legally take in any given situation is critical to being defended effectively, because getting it wrong can be the difference in having your freedom or not. We are prepared to fight for your rights and give you the best possible chance of being cleared of wrongdoing when all you have done is protect yourself.

Self-defense claims must be proven to the judge before a defender is allowed to argue legal justification for their actions in protecting themselves. This stage is where it is particularly important to have the right lawyer representing you. West Virginia’s self-defense law requires evidence of five elements to show the court that defensive actions were legally justified. The law requires proof of, 1. innocence, 2. imminence, 3. reasonableness, 4. proportionality, and 5. a sufficient level of evidence of each of those other elements to allow a judge to adequately consider the defender’s claim of self-defense. A proper understanding of how these elements are established is critical to successfully convincing the court that a defender’s actions were lawful and getting approval to make those arguments to the jury in a trial. Miss out on this stage of the defense and you are left just arguing against charges without being able to claim lawful justification.

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