Self Defense in DV Cases
Legal Justification for Self Defense in Domestic Violence Cases
In Nevada, individuals have the right to defend themselves if they reasonably believe they are in imminent danger of harm. Self-defense is a legal defense that can be used to avoid a conviction for Battery Domestic Violence (BDV) when the accused can demonstrate that they acted to protect themselves from an immediate threat. In domestic violence cases, emotions often run high, and both parties may claim that they were acting in self-defense. This page explains how self-defense works in Nevada, citing applicable statutes and case law.
Self Defense Under Nevada Law: NRS 200.200
The legal framework for self-defense in Nevada is governed by Nevada Revised Statute (NRS) 200.200. According to this statute, a person is justified in using force against another if:
They reasonably believe they are in imminent danger of being killed or suffering great bodily injury, and
They use only as much force as is necessary to prevent the harm or stop the attack.
In domestic violence situations, the claim of self-defense can be complex, as both parties may have used force. However, Nevada law allows for the use of reasonable force if you are defending yourself from immediate physical harm. The key factors in a self-defense claim are the reasonable belief of imminent danger and the proportional use of force.
The "Stand Your Ground" Doctrine in Nevada
Nevada law follows a “stand your ground” doctrine, which means that individuals are not required to retreat from an attacker before using force in self-defense. This doctrine applies in both public and private settings, including homes and workplaces. Under NRS 200.120, individuals have the right to defend themselves without attempting to flee the situation, provided that the use of force is reasonable given the circumstances.
However, the law also requires that the force used in self-defense must be proportionate to the threat faced. For example, using deadly force in response to a minor threat may not be considered justified.
The Runion v. State Decision: Clarifying Instructions for Self Defense
A pivotal Nevada Supreme Court case that helps clarify the use of self-defense is Runion v. State, 116 Nev. 1041, 13 P.3d 52 (2000). In this case, the court established several important principles regarding self-defense, particularly the concept of imminent danger and the standard for determining when self-defense is justified.
In Runion, the court held that the defendant must have a reasonable belief that they are in immediate danger of harm or death. The case also clarified that the standard for determining whether self-defense is justified is subjective—meaning the focus is on whether the accused believed they were in imminent danger—and objective—meaning whether a reasonable person in the same situation would have believed the same thing.
The court in Runion explained that even if the accused was mistaken about the threat, their belief could still be considered reasonable if it was based on the facts as they perceived them at the time. This is critical in domestic violence cases, where emotions and circumstances can escalate quickly, leading to situations where self-defense may be justified.
Key Elements of a Self Defense Claim
To assert self-defense in a domestic violence case, the following elements must be established:
Reasonable Belief of Imminent Harm
The defendant must have had a reasonable belief that they were in immediate danger of suffering bodily harm. This belief does not have to be correct but must be reasonable based on the circumstances.
Proportionate Use of Force
The force used in self-defense must be proportional to the threat faced. In other words, the level of force used to defend oneself should be no greater than what is necessary to prevent harm. For example, using deadly force in response to a minor push may not be justified, but striking back in response to a physical attack may be.
Not the Initial Aggressor
Self-defense is not available to individuals who initiated the violence, also known as the primary aggressor. The accused must not have provoked or started the altercation. However, if the initial aggressor withdrew from the confrontation and then faced continued violence, they may regain the right to self-defense.
Self Defense and Battery Domestic Violence Cases
In Battery Domestic Violence cases, the use of self-defense can be complicated because of the close relationships between the individuals involved. Domestic violence charges often arise from situations where both parties have used some level of force, and it may not be immediately clear who was acting in self-defense. Law enforcement is tasked with determining the primary aggressor, but this decision can be challenged in court if the accused can prove that they acted to protect themselves from harm.
Nevada law, as reinforced by the Runion decision, allows individuals to defend themselves when they believe they are in danger, and this defense is often used in domestic violence cases where tensions and emotions run high. Self-defense may apply in cases where:
One partner physically attacked the other, and the accused used force to stop the attack.
The accused believed their life or safety was in immediate danger due to the other person's actions.
There is a history of abuse, and the accused acted in response to a credible threat of violence.
Proving Self Defense in a Domestic Violence Case
To successfully assert self-defense in a Battery Domestic Violence case, the defense must raise the issue that the accused had a reasonable belief of imminent harm and used appropriate force in response. Some forms of evidence that can support a self-defense claim include:
Injuries: If the accused has visible injuries that indicate they were defending themselves, this can support a self-defense argument. For example, defensive wounds, such as bruises or scratches on the arms or hands, can indicate that the accused was trying to protect themselves from an attack.
Witness Testimony: Eyewitnesses who were present during the incident, such as neighbors or family members, can provide testimony about who initiated the violence and whether the accused was acting in self-defense.
Police Reports: The police report may include statements from both parties and observations made by the officers that can shed light on who was the aggressor and whether self-defense is justified.
Challenges to Self Defense in Domestic Violence Cases
While self-defense is a valid legal defense in many domestic violence cases, it can be difficult to show, especially if there is conflicting evidence or if the accused was the primary aggressor. The prosecution may attempt to discredit a self-defense claim by arguing:
The accused used excessive force that was not proportional to the threat.
The accused could have retreated or de-escalated the situation without resorting to physical violence.
The accused was the primary aggressor and therefore cannot claim self-defense.
An experienced attorney can counter these arguments by presenting evidence of the accused's fear of harm and the proportionality of their response.
It is important to remember however, that once the issue of self defense is asserted by a Defendant, the prosecution has the burden of proof to show the Defendant did NOT act in self defense.
Why You Need an Experienced Attorney for a Self Defense Claim
Defending against Battery Domestic Violence charges with a self-defense claim requires a thorough understanding of Nevada law and the ability to present compelling evidence. Josh Tomsheck, a nationally board-certified criminal trial attorney and former Chief Deputy District Attorney, has successfully defended numerous clients in domestic violence cases using self-defense arguments. His experience with Nevada law, including the implications of the Runion v. State case and other fact specific decisions, gives him the knowledge and insight needed to protect his clients' rights in court.
If you have been charged with Battery Domestic Violence and believe you acted in self-defense, it's critical to work with an experienced attorney who can help you navigate the legal system and present a strong defense. Contact the law firm of Hofland & Tomsheck today to schedule a consultation with Josh Tomsheck and learn how he can help defend your rights and protect your future.
