general defenses

Justifiable homicide (deadly self-defense)

(1)in self-defense by one who RB that he is in imminent danger of losing his life or receiving GBH and that the killing is necessary to save himself from that danger.

(2)for the purpose of preventing a violent or forcible felony involving danger to life or of GBH by one who RB offense is about to be committed and that action is necessary for its prevention.

(3)against a person one RB to be likely to use any unlawful force against a person present in a D, PofB, or V, while committing a burglary or robbery of D, PofB, or MV. (dwelling, place of business, motor vehicle)

(4)by a person lawfully inside a D, PofB, or V when the conflict began, against a person who is attempt/made an unlawful entry into the D, PofB, or V, and the person committing the homicide RB that the use of deadly force is necessary to prevent the entry or to compel the intruder to leave. {PtheE or to CI2L}

Self Defense

(non-deadly)

(1)The use of ForV upon a person is justifiable under either: [when committed]

(a)for the purpose of preventing a FO against the person or trespass against property in a person's lawful possession, provided that the ForV used must be reasonable and apparently necessary to prevent such offense.

(b)by a person lawfully inside a D, PofB, or V when the conflict began, against a person who is attempt/made an UE into the D, PofB, V, and the person using the ForV RB that the use of ForV is necessary to PtheE or to CI2L

defense of others

It is justifiable to use ForV or to kill in the defense of another person when it is RA that the person attacked could have justifiably used such means himself, and when it is RB that intervention is necessary to protect OP

defense of property

Divided into two categories: (1)defenses to personal property when there is little or no threat to the person-ForV is justified to prevent trespass long as the force is RA and AP to prevent the offense. (2)defenses to property when there are threats to human life.

duress/compulsion

Threats by another of death or GBH. D reasonably believes person making the threat is present and would immediately carry out the threat if the crime were not committed. Can be used for all crimes except murder

involuntary intoxication

The fact of an intoxicated/drugged condition of O at time of commission of crime is immaterial, except where:

(1)the production of the intoxicated/drugged condition has been involuntary, and the circumstances indicate this condition is the direct cause of the commission of the crime, the O is exempt from criminal responsibility.  

voluntary intoxication

The fact of an intoxicated/drugged condition of O at time of commission of crime is immaterial, except where:

(2)the circumstances indicate that an intoxicated/drugged condition has precluded the presence of a SI or of special knowledge required in a particular crime, this fact constitutes a defense to a prosecution for that crime.

insanity

If the circumstances indicate that because of a mental disease/defect the O was incapable of distinguishing between right and wrong w/ reference to conduct in ? O shall be exempt from criminal responsibility.  

mistake of fact

Unless there is a provision to the contrary in the definition of a crime, reasonable ignorance of fact or mistake of fact which precludes the presence of any mental element required in that crime is a defense to any prosecution.

mistake of law

Ignorance of any criminal statute is not a defense to any criminal prosecution. Mistake of law, is a defense where:

(1)O reasonably relied on the act of the leg in repealing an existing law, or purporting to make conduct lawful; or

(2)O reasonably relied on a final judgment of a court of last resort that a provision was unconstitutional.