What if I Acted to Protect My Child?
The Dalai Lama stated that “violence can only breed more violence and suffering.” While violence is never the answer, a time may come when you feel you need to take extreme measures to protect those you hold dear. If you acted to shield your child from an aggressor who threatened to harm them or placed them in harm’s way, you may be able to claim self-defense. If you are interested in learning more about your rights to protect yourself and others, our Greenville, SC, criminal defense lawyers are here to discuss what you need to know.
Self-Defense Laws in South Carolina
South Carolina self-defense laws allow individuals to use reasonable force to protect themselves and others from imminent harm. The Stand Your Ground law and the Castle Doctrine are the two laws that govern self-defense in the state.
Stand Your Ground Law
If you have reason to believe that you or your child is in danger of great bodily injury or death, then you are allowed to act in self-defense. Self-defense is a viable defense if you have a legal right to be in the place where you are experiencing the danger. However, the amount of force you use must be reasonable in nature, meaning that it matches the peril that you are facing. Under South Carolina law, you have no duty to retreat.
While you may be unsure what constitutes “great bodily injury,” the law defines it as any serious physical injury that places you at substantial risk of death, physical impairment, or permanent disability. If your response is disproportionate to the threat before you, then self-defense will not apply.
The Castle Doctrine
Under the Castle Doctrine, you are given more rights to protect yourself and others if an attacker enters your home. In this scenario, you are allowed to use any amount of force, even deadly force, to fend off harm. This law applies if anyone forcibly or unlawfully enters your dwelling, residence, or occupied vehicle.
Codified as S.C. Code §16-11-440, the law assumes that a person has a “reasonable fear of imminent peril” when an intruder enters their home. If you protected your child or any vulnerable person from an attacker in your home, it is important that you make an attorney aware of this situation.
Criminal Defense Attorneys Providing Tenacious Representation
State law punishes assault and battery and domestic violence offenses severely. Often, the State may bring charges against a person before gathering the necessary facts. Thankfully, our legal team has developed strong relationships with prosecutors, judges, and probation and parole officers in the area.
While the prosecution may be aggressive in prosecuting such charges, our legal team will make them aware if the charges against you are unwarranted. We will provide the necessary evidence to show that your actions served to protect your child, not to simply harm another person. If you are interested in learning more about our services, our Greenville, SC, criminal defense lawyers are ready to hear from you.
Speak with a Greenville, SC, Criminal Defense Attorney Today
If you injured someone while defending your child, Ryan Beasley Law would like to speak with you. Defending criminal charges requires keen attention to detail, knowledge of the law, and the ability to guide you through the judicial system. For nearly 25 years, our Greenville, SC, criminal defense lawyers have worked with criminal defendants to help them achieve the best possible outcome.
To learn how we can be of help, contact us online or by calling (864) 756-4204 to schedule your consultation.