Can You Be Charged with Murder for Self-Defense?

Being confronted by someone who means you harm can be a terrifying experience. You might have fought to protect your own life or those of others, ultimately culminating in the death of the real offender. However, you might be worried about whether you will be charged with murder. Here is what you need to know about these important legal issues.

Can You Be Charged with Murder for Self-Defense?

Indiana’s Self-Defense Laws

Indiana law recognizes the right to defend yourself by using deadly force, especially when you are protecting yourself in your own home. This rationale is based on the English common law concept known as the castle doctrine, which recognizes a person’s right to use force, including deadly force, to defend themselves in their own home.

Indiana law recognizes the castle doctrine, as well as the right to “stand your ground.” Here, you can use deadly force against someone and don’t have a duty to retreat if you have a reasonable belief that force is required to prevent serious bodily injury to you or a third person, the commission of a forcible felony that involves the threat of force or the risk of bodily injury, the unlawful entry to your home or the area surrounding it or your occupied vehicle, or trespass or unlawful interference with property in your lawful possession. 

What the Prosecution Must Prove When Charging Someone with Murder

Even if you think that your actions were justified, the prosecuting attorney may believe that you are lying, that your response was not proportionate to the actions, or that other facts point to a murder.

To prove murder in Indiana, the prosecutor must present evidence beyond a reasonable doubt that you knowingly or intentionally killed another human being, killed another human being while committing or attempting to commit certain crimes, or killed another human being while committing or attempting to commit certain drug crimes.

If there is sufficient evidence to prove these facts, the prosecution may proceed with a murder case against you.

Preventing a Legal Strategy Based on Self-Defense 

Self-defense is an affirmative defense. This means that the prosecution can charge you with a crime such as murder, but you can then present a defense refuting the charges based on self-defense. With this legal strategy, you admit to having used force to justify your conduct. You must be able to prove all of the following for your defense to be successful:

  • You acted in self-defense and did not initiate the violence.
  • You had a reasonable belief that you were being threatened with serious bodily harm.
  • The force you used was proportionate to the force threatened against you.

Contact The Criminal Defense Team for a Confidential Consultation 

The Criminal Defense Team of Baldwin Perry & Wiley PC does not shy away from handling tough criminal cases, including Level 1 and 2 felonies like murder and voluntary manslaughter. Call us at (317) 687-8326 for a confidential consultation to discuss how we can help present a legal strategy based on self-defense.