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Objectively Reasonable Fear of Injury or Death

5 十月, 2015 - 09:31

The defendant cannot claim self-defense unless a reasonable person in the defendant’s situation would believe that self-defense is necessary to avoid injury or death. If the defendant honestly but unreasonablbelieves self-defense is necessary under the circumstances, a claim of imperfect self- defense may reduce the severity of the offense. 1 However, the defendant is still guilty of a crime, albeit a less serious crime.