Defending others is a rare occurrence in criminal defense.  In my twenty-five years of practice,   I've seldom seen it used.  It typically comes into play when an individual takes action to protect another person or persons from harm.

For example, if somebody was beating somebody up and another person came in and knocked that person down, hit them, and subdued them because they were beating another person up. The person who was suppressed attempted to have the police file a battery charge against the individual who was assisting the other person. That individual could claim that they were defending another person.

The test for the defense of another is reasonableness.  In other words, it was the person who purportedly acted in defense of another, acting reasonably under the circumstances.  So, in our scenario where someone is being beaten up, and then a good Samaritan comes along and uses some physical violence against the person who's beating that person up — if they hit them or push them or knock them off the victim, that certainly would be reasonable under the circumstances.

But if they came with a gun and shot them, that would probably be unreasonable.  That would be using too much force under the circumstances.  You can only use the force necessary to stop the person from being beaten up in our scenario. Our Los Angeles criminal defense lawyers will explain further below. 

Most aspects of criminal defense involve reasonableness.  If you look at something and it makes common sense to you and seems reasonable to you, you would probably have the protection of the defense of another related to a criminal case.  Of course, you have to have all the underlying circumstances before deciding whether you're trying to assert a defense of others effectively.

For example, let's say you were there, and two parties engaged in an argument in that same scenario. The party you tried to defend later was the one who precipitated the fight and attacked the other party.

Then, they started to lose the fight because the other party defended themselves more skillfully. Then you suddenly jump into the fray and start beating up the other party; you're probably going to have a problem with that scenario.  You can't do that.

If you see somebody being viciously beaten, you could certainly stop the person from destroying them. Still, again, you have to look at the totality of the circumstances in assessing and deciding whether the defense of another is going to be reasonable under those circumstances that a good, objective person was presented with.

Review of the Entire Scenario

Therefore, when I discuss any defense in criminal law, specifically the defense of another, I will examine the entire scenario.  What happened?  If violence is involved, which is usually the case, who started the violence?  Who was the aggressor?  Why was the violence necessary under the circumstances, and why did it occur?

How is the person who comes in to assert the defense of the defense another involved?  Why are they involved?  Why do they feel the need to act? You have to ask yourself or consider a whole slew of things.

When clients come to my office to discuss defenses in criminal law, we don't just focus on a single detail. We meticulously examine the entire scenario, ensuring we consider all relevant factors. This comprehensive approach is crucial, as it mirrors the process that prosecutors, police, a jury, and a judge will undertake.

If you believe the defense of another could be a viable strategy in your case, let's sit down and discuss it.  By thoroughly examining all aspects of your situation, we can make informed decisions about the best course of action to proceed with your defense. Contact the Hedding Law Firm to review the details of your case and begin this important process.