19 Or know ye not that your body is a temple of the Holy Spirit which is in you, which ye have from God? and ye are not your own; 20 for ye were bought with a price: glorify God therefore in your body. (1Co 6:19-20 ASV)
Undoubtedly, the Bible teaches us to preserve life. In 1 Corinthians 6:19, the Bible teaches us that our bodies are not our own. Instead, these precious vessels belong to God. Our bodies are His property. As a result, we must protect our bodies against all harm and danger. Not only does the Bible command us to preserve our own lives, but we are also responsible for preserving the lives of others. According to the Word, we are obligated to defend others that are in danger, as indicated in the following scripture:
Rescue the weak and needy; Deliver them out of the hand of the wicked. (Psalm 82:4)
Lately, there have been numerous cases where individuals have been accused of assault. In fact, they have been accused of assault with a deadly weapon. Were these individuals justified in using deadly force, or were these acts extreme and unnecessary? In other words, could they have resolved the issues without taking the lives of others? As a criminal defense attorney, I understand that there are occasions when you must defend yourself and the ones that you love by any means necessary. In truth, not only does the Bible teach us to preserve our lives and the lives of others, but we have a constitutional right to protect ourselves, the people that we care about or love, other human beings, our property, etc. Let us focus on two recent cases.
A home health care provider stopped by the home of one of her clients to check on him. She noticed that items were disheveled and out of place. Specifically, there was broken glass and objects out of place at the entrance of the home. As a result, she immediately notified law enforcement. Law enforcement arrived, entered the home, and discovered the body of a deceased man. After a thorough investigation of the elements in the home, police officers implicated the victim’s niece. Eventually, she admitted that she shot and killed her uncle. Consequently, officers arrested the suspect and placed her in jail.
An investigation is underway; however, several individuals have stated that the shooting was justified. According to these individuals, the niece shot the uncle because he tried to sexually assault her. Some of these persons have gone so far as to state that the deceased attempted to sexually assault another family member prior to allegedly attempting to sexually assault his niece. As of now, I am not aware of any evidence supporting these accusations, but as I mentioned, an investigation is in progress. If, however, these accusations are proven to be true, the suspect did have the right to defend herself.
In another recent case, an 85-year-old man shot and killed his son. The 64-year-old son had been drinking. Eventually, he began arguing with his mother and father. At one point, he became irate…yelling and cursing at his mother and ultimately threatening to kill her. Therefore, the horrified mother called 911. While she was talking to the dispatcher, her son began firing a gun at her. Consequently, his father retrieved a rifle and began firing back at his son. He wounded his son. In fact, the son died from the gunshot wound shortly after deputies arrived to the home.
According to investigators, the father fired the gun in self-defense. As a result, authorities released the father from custody. Moreover, no charges were filed against him.
Certainly, we have the right to defend ourselves. Actually, self-defense is the most common defense used in assault cases. In the first case, a criminal defense attorney would need to show that the uncle did indeed commit an unlawful force or threat against the niece. Moreover, the attorney would need to prove that the niece perceived an honest sense of fear, she did not provoke the uncle, and there was no reasonable chance of retreating or escaping from the event.
The second case clearly established that there was imminent danger present. Specifically, the son threatened and fired shots at the mother. Obviously, the mother was afraid. Therefore, she notified law enforcement. In addition, the father was afraid for his wife, and at her age, she would not have been able to outrun her son or the bullets in his gun. Thus, this was self-defense, and the fatal gunshot was justified.
You must take assault charges seriously, and you need to be familiar with your rights. A criminal defense attorney can ensure that you are not unfairly accused and tried in a court of law. Moreover, an effective defense attorney will assist you to locate witnesses as well as qualified and knowledgeable experts to sustain your case. The attorney will also ensure that all evidence and legal documents are submitted to a court of law in a timely fashion, and he/she will adequately prepare you to conduct yourself appropriately when being questioned by opposing counsel while under oath in the courtroom. It is very important to seek counsel when charged with assault. Again, this is a serious charge that can lead to dire consequences if not prepared. Specifically, if sentenced, you can face up to 99 years behind bars. Therefore, this is not something that you should take lightly and this not something that you should face without the assistance of a qualified criminal defense attorney. I strongly recommend that you contact our office, today. Do not procrastinate. I have tried cases ranging from public intoxication to murder, and I only focus on cases that are of a criminal nature, which allows me to stay current on any changes or updates in criminal law. I am here for you. My sole concern is to ensure that my clients receive justice. Again, call us and allow us to fight for you.