Can I use self defense to protect myself from a criminal charge?

Published by Jessica Burke on

I was attacked by the complaining witness in a Vermont assault case, can I use self defense to protect myself?

Vermont law surrounding self defense in assault cases is complex. It is often used when someone is attacked in their home, or even in public, and then the victim attacks back at the aggressor. The aggressor may be more injured than the victim, which could result in the victim being charged with a crime. There are a variety of situations in which the defense can be used. 

Self defense is what is called an affirmative defense, meaning that it is a type of criminal defense that usually needs to be asserted once your case is already charged and there are certain threshold showings you must make to present it to a jury. The Vermont Model Jury Instructions provide a basic framework of what a defendant must show at a jury trial.  

Steps You Can Take To Help Your Self Defense Case

There are ways to help your self defense case (such as taking pictures of your injuries when they are fresh and seeking appropriate medical treatment for yourself). If there are any witnesses to you using self defense in a Vermont assault case, it may be helpful to have them give sworn statements. Working with an experienced Vermont criminal defense attorney as soon as soon as possible is a good idea in these types of cases. 

It is important to call an attorney right away to help you prepare your self defense case for assault charges in Vermont. 

Jessica Burke

Jessica Burke is a licensed Vermont attorney and the founder of Burke Law. She obtained her undergraduate degree from Boston College in Political Science, and then received her law degree from Washington & Lee Law School. After law school she worked with several top law firms before settling in Vermont and building her own practice. In addition to being licensed to practice law in the state of Vermont, she also holds a State Bar certification in New Hampshire and Massachusetts, among others. She specializes in criminal defense, including DUI defense, homicides, and sex crimes.

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