There are many reasons why people might use physical violence to protect themselves. Perhaps there was an attempted mugging in the parking lot of a restaurant. Maybe one party involved in an argument became unnecessarily aggressive and made physical contact with the other person, leaving them in fear for their safety.
Police officers responding to physical altercations often have limited information initially. They could potentially arrest the wrong person. People who simply wanted to protect themselves and others could be at risk of criminal prosecution.
Can those facing assault charges in Hawaii use claims of self-defense to avoid a conviction?
The law allows people to defend themselves
It is generally unlawful to intentionally injure other people or even to put them in fear for their safety through intimidating behavior and language. However, there are exceptions in cases where people recognize that the use of force was necessary to protect oneself or others.
In some cases, people accused of assault did have physical contact with another person but only for their own protection. Self-defense is theoretically legal so long as other reasonable adults agree that the situation represented a credible threat and that the degree of force used was appropriate given the circumstances.
People in public locations can potentially use non-lethal force to defend themselves and others from imminent threats. They may require support as they seek to convince the courts that they acted to protect themselves.
Even if police officers do not agree that a situation involved self-defense, a jury might during a criminal trial. Discussing what led to an assault charge with a skilled legal team can help defendants establish a reasonable criminal defense strategy if they intend to take their case to trial.