Understanding Self-Defense in Indiana

Indiana law allows you to protect yourself, another person, or your property in certain circumstances. You are justified in using reasonable force if you believe the force is necessary to protect yourself or another person from imminent harm. You are justified in using deadly force to protect yourself or another to prevent serious bodily injury or the commission of a forcible felony, such as robbery. You may also be justified in using reasonable force, including deadly force, against someone else to prevent that person from unlawfully entering or attacking your home, curtilage, or occupied motor vehicle.

What is Reasonable Fear?

A claim of self-defense  requires that you have both an objectively and subjectively reasonable fear of harm. To be objectively reasonable, a court (or jury) must consider whether a reasonable person in your situation would have felt the same fear that you did. To be subjectively reasonable, a court must determine that you were genuinely fearful.

What is Reasonable Force?

Reasonable force is based on a standard of proportionality. For example, if you stabbed someone with a knife who was verbally insulting you, that would not be considered reasonable force. Other things like weight, gender, frame, and health of an individual can impact whether force is considered reasonable. If more force was used than needed to stop or prevent the harm, a self-defense claim may not hold up.

Acting Without Fault

To claim self defense, you cannot instigate or provoke the conflict  unless you can prove that even though you were the first aggressor, you retreated from the altercation and communicated your intent to do so.

If you have been accused of a crime and believe you were acting in self-defense, call the Criminal Defense Attorneys at McNeelyLaw LLP by calling (317)825-5110.

This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion of any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.