What is the difference between self-defense and justifiable homicide?
The difference between self-defense and justifiable homicide is an important one to understand under violent crimes law in New Mexico. Self-defense is when an individual uses reasonable force as a response to an imminent danger. The individual must be able to prove that they were in ‘imminent danger’ and had to use force to protect themselves. Justifiable homicide, on the other hand, is when an individual is allowed to use deadly force in self-defense if it is deemed necessary. In order for deadly force to be justified, the individual must be able to prove that their life was in danger. In both cases, the individual must demonstrate beyond a reasonable doubt that they were in a situation where they had to defend themselves in order for their actions to be considered either self-defense or justifiable homicide. However, where self-defense is allowed when the danger posed is imminent, justifiable homicide only applies when the individual can justify that their life was in danger. This will usually require proof that the act of deadly force was the only possible option in order to prevent death or serious bodily harm.
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