Is ‘defense of others’ a defense to certain crimes?
Most married people would do anything to keep their significant others safe. New Orleans residents may even be willing to put themselves in harm’s way if it meant keeping loved ones from suffering harm. When an individual is threatened with physical violence certain defenses exist that may provide others with the right to step in and intervene.
A person may be able to defend another individual and claim the defense of others if the original victim was threatened with physical violence or harm. When it appears that a person may become the victim of a criminal assault or battery, another individual may step in and provide defensive support if that individual has a reasonable belief that the other will be harmed.
Defense of others is similar to self-defense in that one’s perception of harm must be based on reasonableness. If it is unreasonable for an individual to believe that another person may be harmed by a third party’s actions, then the individual may generally not assert a defense of others defense if he intervenes and physically harms the perceived aggressor.
For example, a spouse may defend his or her significant other if the defending spouse reasonably believed that the other was threatened with harm. However, the facts of every assault, battery and defense scenario are different and individuals are encouraged to consult with a criminal defense attorney to determine if their actions support a claim of defense of others.
Marriage forms a strong bond between two individuals. Some married people may be willing to lay down their lives for their partners. In the event that possible criminal action results from defending one’s spouse, there are situations in which an individual may claim defense of others in order to counter potential criminal charges.