Donte T Wyatt -
Self Defense and the Defense of Others requires a criminal attorney
In many crimes of violence the defense of self defense can be an applicable defense if identity is not an issue and
the various elements of the offense are met. However self defense and the defense of others defenses have very
specific requirements that many lay people do not fully understand. There for it is critical to contact an
experienced San Diego Criminal Defense Attorney if you are charged with a crime of violence and you believe there
is a valid self defense claim. An experienced San Diego Criminal Defense Attorney will be able to explain to you
the elements of self defense and whether or not that defense is applicable to your case.
The defendant acted in lawful self-defense or defense of another if:
1. The defendant reasonably believed that he or someone else was in imminent danger of being killed, suffering
great bodily injury or an assault or battery or was in imminent danger of being raped, maimed or robbed;
2. The defendant reasonably believed that the immediate use of force or deadly force was necessary to defend
against that danger;
3. The defendant used no more force than was reasonably necessary to defend against that danger.
Belief in future harm is not sufficient, no matter how great or how likely the harm is believed to be. The
defendant must have believed there was imminent danger of assault, battery, of death or great bodily injury to
himself or someone else. Defendant’s belief
must have been reasonable and (he/she) must have acted only because of that belief. The defendant is only entitled
to use that amount of force that a reasonable person would believe is necessary in the same situation. If the
defendant used more force
than was reasonable, the attempted battery, assault or killing was not justiﬁed.
IMPORTANT: THE ABOVE INFORMATION MERGES SELF-DEFENSE ISSUES DEADLY
FORCE USE IS ONLY EXCUSABLE UNDER A DEFENSE OF SELF DEFENSE IF A PERSON FACES A IMMINENT DANGER OF DEATH OR GREAT
BODILY INJURY. IF A PERSON IS DEFENDING THEMSELVES FROM A SIMPLE ASSUALT OR BATTERY THEY CAN NOT USE DEADLY FORCE
ON SUFFICIENT FORCE TO PREVENT THE ASSUALT OR BATTERY.
If the court or the jury after trial finds that you have a valid defense based on the defense of self or the
defense of others you will not be held liable for the crime of violence that you are charged with.
Attorney Donte T. Wyatt has significant experience dealing with cases that involve crimes of violence and self
defense. If you or a loved one have been charged with a crime of violence and you believe that you were in danger
of being assaulted you should contact San Diego Criminal Defense Attorney Donte T. Wyatt as soon as possible. San
Diego Criminal Defense Attorney Donte T. Wyatt can explain the law of self defense to you and insure that you or
your loved one has an effective defense to the assault or crime of violence charge that you are facing.