In a threatening situation, there are typically three human responses: fight, flight or freeze. Most people don’t expect to find themselves in a situation where they need to make that choice.
If you are a person who fights back when confronted with violence, the decisions made in a matter of seconds can have lasting legal consequences. Acting to protect yourself may be justified in certain situations, but using more force than the law allows could lead to aggravated assault charges.
Tennessee’s stand your ground law
Tennessee lawmakers believe that people have the right to protect themselves from unlawful force. Furthermore, if an individual is in a place where they have a legal right to be, they are not required to retreat before using force.
In certain situations, a person may legally use force to defend themselves or another person if they have a reasonable belief that force is necessary to prevent imminent harm.
However, not every use of force qualifies as lawful self-defense. Whether the law protects your actions depends on certain factors, such as:
- Who started the confrontation?
- Was there an immediate threat of harm?
- Was the amount of force used reasonable for the situation?
The answers to these questions often determine whether the actions were justified self-defense or criminal assault.
Furthermore, what started as self-defense could result in aggravated assault charges if the individual:
- Continued using force after the threat ended
- Used a deadly weapon against someone who posed only a minor threat
- Pursued someone attempting to leave the confrontation
Even if you initially acted to protect yourself, prosecutors may argue that your response exceeded what was reasonably necessary.
If you have been charged with aggravated assault after acting in self-defense, it’s essential to speak with a legal professional as soon as possible. They will work hard to protect your rights and your future.