Self-defense is one of the most common defenses to charges of assault and battery. It is an affirmative defense, which means you acknowledge that you committed the allegedly criminal acts but are telling the court your use of force was justified to protect yourself, others, or your property from harm. To succeed within these self-defense laws, you must show that you were threatened with harm, did not provoke the attack, and were unable to retreat or otherwise remove yourself from the situation.
In Connecticut’s self-defense laws, a person can use force to defend themselves or another person who is in imminent threat of physical harm or to defend their property.
When claiming self-defense, the defendant acknowledges they used force in a way that would otherwise have been illegal. But they claim their use of force was justified to defend themselves or someone else against what they believed to be an imminent use of force. To be successful, the defendant can only use the degree of force they believed to be reasonably necessary.
In the 1984 decision of State v. DeJesus, the Connecticut Supreme Court set forth the test for determining whether a person was justified in using force and the amount of force that was necessary. Whether a person was justified in using force to defend themselves or their property is a question of fact that focuses on what the defendant reasonably believed under the circumstances. When analyzing the degree of force used, the jury must view the situation from the defendant’s perspective and must decide whether the defendant’s belief that their use of force was justified was reasonable.
A defendant can use deadly force if they reasonably believe the attacker is using or is about to use deadly force. A defendant is not justified in using deadly force if they know they can avoid doing so by:
Connecticut’s self-defense laws also allows a person to use force to defend their home or property. A person is justified in using reasonable force to prevent a criminal trespass to their home or to prevent a theft, larceny, or destruction of their property or someone else’s property. Deadly force generally cannot be used in these circumstances.
Connecticut has a limited stand-your-ground law that applies in very specific circumstances. Unless you are in your home or office, you have a duty to retreat if you can safely do so without risk of harm to yourself or others. However, you do not have a duty to retreat and can stand your ground if:
These are the only situations in which a defendant can stand their ground and does not have a duty to retreat.
Claiming self-defense, defense of others, or defense of property as an affirmative defense to charges of assault and battery is highly technical. If you have been charged with assault and battery, it is crucial that you consult with an experienced Connecticut criminal defense attorney as quickly as possible about self-defense laws.
Based in Fairfield, Connecticut, criminal defense attorney Stephen Lebedevitch has been defending people accused of crimes throughout Fairfield and New Haven counties since 2011.
To learn more, contact The Lebedevitch Law Firm today to schedule a confidential consultation to discuss your situation. Call (203) 307-5760, email stephen@leb-law.com, or complete the online contact form.
© 2025 The Lebedevitch Law Firm, LLC
| View Our Disclaimer | Privacy Policy
Law Firm Website Design by The Modern Firm