Is self-defense justified in every case?
January 12, 2023 | 40,00 EUR | answered by Lina Strauss
Dear lawyer,
I am reaching out to you because I recently found myself in a situation where I had to defend myself, and now I am unsure if my actions were justified as self-defense.
The background is as follows: I was attacked by a group of drunk teenagers who threatened and physically assaulted me. In my fear for my life and physical well-being, I defended myself with all my strength and caused injuries to the attackers. The police were called and I was charged with assault.
My lawyer tells me that I could claim self-defense, as I acted in an acute and immediate danger situation to protect myself. However, I have concerns about whether my actions can actually be classified as self-defense and if I am legally in the right.
My worries now are that I may be criminally prosecuted for my defensive actions and have to face the consequences. Therefore, I wonder if self-defense is always justified and if there are possible exceptions or restrictions to consider.
I would be grateful if you could provide me with your professional assessment of my situation and suggest possible solutions.
Sincerely,
Erwin Schönecker
Dear Mr. Schönecker,
Thank you for your inquiry regarding the situation of self-defense you recently found yourself in. It is understandable that you are concerned and want clarity on whether your actions were justified and if you are legally in the right.
Self-defense is an important legal concept in German criminal law, allowing a person to defend themselves or others against unlawful attacks. According to § 32 StGB, a defensive action is justified if it is necessary to ward off a present unlawful attack. The defensive action must be proportionate to the severity of the attack.
In your case, where you were attacked by a group of drunk teenagers who threatened and physically assaulted you, it does sound like a situation where self-defense could be justified. Your fear for your life and physical integrity is a plausible reason to defend yourself with all your might.
However, it is important to note that self-defense is not always justified and there are certain limitations. For example, the defensive action must be proportionate and there should be no possibility to de-escalate the situation in another way. Additionally, the defensive action must not be intentional or grossly negligent.
Your lawyer has already advised you to invoke self-defense, and it seems that your defensive action could be justified in your situation. It is advisable to continue working with your lawyer and gather all relevant information to strengthen your position.
If you have any further questions or need additional legal advice, I am at your disposal. I hope my assessment was helpful to you and wish you all the best in your further legal proceedings.
Sincerely,
Lina Strauss
