What are some of the common defenses used in a violent crime case?
When charged with a violent crime in South Carolina, a person has the right to mount a defense. Common defenses used in a violent crime case are self-defense, defense of others, protection of property, insanity, and accident. Self-defense allows a person to use reasonable force whenever they reasonably fear imminent bodily harm or death. This means if an individual’s life is threatened, he could plead self-defense if he had to use force to remove the danger. The defense of others is similar to self-defense, but the force used in this situation is to protect someone else. This defense doesn’t have to be used for self-defense, but used to protect another person. Property owners also have the right to protect their property. This is known as protection of property. South Carolina does not allow a person to use deadly force to protect their property, but may allow a person to use reasonable force. Insanity defense allows a defendant to plead not guilty due to a mental illness or defect. To use this defense, the defendant needs to prove there was a mental defect or disease that caused the defendant to be unable to distinguish between right and wrong. Finally, an accident defense is rare, but can be used when an action was accidental or unintentional. This defense must be used carefully, for the defendant must demonstrate that the action was a genuine accident and not just a careless mistake.
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