People in Alaska have the right to defend themselves under certain circumstances. State statutes specifically outline the scenarios in which a self-defense claim is a proper response to allegations of committing a violent crime.
Depending on whether someone used deadly force or non-lethal force, there are two different general rules that apply to self-defense claims. Both of those standards rely on the perception of a reasonable person. Therefore, the feelings of the people on the jury can be of utmost importance.
What does someone claiming they acted in self-defense need to prove?
Claims must meet the reasonable person standard
If someone who used non-lethal force faces an assault charge, it is necessary to convince the courts and the jury hearing their case that a reasonable person would have feared for their safety in that scenario. In cases involving the use of deadly force, the standard is even higher than that. A person must try to establish that other reasonable people would fear specific criminal actions on the part of the other party. Those actions include kidnapping, homicide, sexual violence, robbery and serious bodily injury. Simply proving that the defendant was in fear for their safety is not sufficient. People on the jury have to agree that another reasonable person would experience the same degree of fear in a similar situation.
Self-defense claims can be complex
People often think that claiming they acted in self-defense is the real-world equivalent of having a “get out of jail free” card. In reality, self-defense claims often lead to complex court cases. Self-defense claims are typically not an option in scenarios where defendant instigated the situation by threatening the other party or becoming physical with them first. The relationship between the parties and even the location where the incident occurs can influence self-defense claims. Small details can make or break a defense strategy that claims someone acted for their own protection or the protection of another person.
Learning more about Alaska’s unique criminal statutes can be beneficial for those preparing to respond to criminal charges by asserting that they acted for their safety or the well-being of someone else. Those who act in self-defense often need to create a compelling narrative if they hope to prevail during a criminal trial.
