Have you been charged for defending yourself? Imagine the injustice of being assaulted and, when reacting to protect yourself, ending up being charged for having acted in self-defense.
Facing an assault charge can be a terrifying experience, especially when you feel that you acted in self-defense. This article will help you understand in depth what self-defense is, how it works within the Spanish legal framework and what steps you should follow if you have been charged.
What is self-defense and how is it regulated in Spain?
Self-defense, regulated in article 20.4 of the Criminal Code, is a cause that exempts from criminal liability that allows justifying acts that, in other circumstances, would be considered criminal, if this is indispensable to avoid greater harm.
It applies when a person acts to protect essential legal rights such as life, physical integrity or freedom, provided that the response is proportionate, necessary and against an unlawful aggression.
The Supreme Court, in multiple rulings, has established that it is not a «blank check» to take justice into one’s own hands. Self-defense requires demonstrating that the reaction was in
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Practical examples of self-defense
To understand how self-defense is applied in real cases, let’s look at some examples based on Spanish jurisprudence:
Case 1: Aggression during a home burglary.
A burglar breaks into a home and the owner, in his defense, strikes him with a blunt object. Although the court recognized self-defense, it concluded that the use of force was excessive. This led to applying the defense incompletely, reducing the sentence, but not eliminating it.
Case 2: Use of a firearm against an armed aggressor
The Supreme Court acquitted an accused who shot at an aggressor armed with a machete. In this case, the proportionality of the response was key. The court applied the Tueller rule, which establishes that an attacker armed with a bladed weapon can close a dangerous distance in less than two seconds, thus justifying the use of the firearm.
Case 3: José Lomas and putative self-defense
The José Lomas case illustrates putative self-defense, in which the defender erroneously perceives imminent danger. Lomas shot an intruder with a turned-off chainsaw, believing his life was at risk. Initially, the Popular Jury convicted him of homicide, arguing that there was no unlawful aggression, since he aimed at the intruder from 15 metr
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Common mistakes when claiming self-defense
In self-defense cases, certain mistakes can complicate the legal process and significantly weaken your position. One of the most frequent is not acting quickly. Having a criminal defense attorney from the beginning is of vital importance to design a solid and credible strategy. If you acted in self-defense, it is important to offer your version of events during the investigation phase, but never testify without having previously received advice from your attorney, as this could compromise your defense.
Another common mistake is lack of evidence. The absence of sufficient evidence can make it difficult to prove that you acted legitimately. Therefore, it is essential to document the incident from the beginning, look for witnesses who support your version and act quickly to preserve key evidence, such as security camera recordings, which are usually available only for a limited period of 20 days. A solid defense begins with immediate action and a strategic approach.
What to do if you have been charged with assault in self-defense?
When you face a charge for assault in self-defense, having the support of an attorney specialized in assault crimes can mean obtaining an acquittal. These cases, due to their complexity, require a detailed analysis of the circumstances and a solid strategy that protects your rights from the beginning.
How can a criminal defense attorney help you?
A criminal defense attorney will initially evaluate
Abogado penalista en Madrid (Graduado en Derecho y ADE con Máster de Acceso a la Abogacía), experto en procedimientos complejos y técnicos en Derecho Penal. Cuenta con títulos como el Curso de DerechoPenal Avanzado impartido por magistrados del Tribunal Supremo en el Iltre. Colegio de Abogacía de Madrid.