May I defend myself against an attacker with force if necessary?
February 21, 2024 | 40,00 EUR | answered by Uwe Riedmüller
Dear Sir or Madam,
I am reaching out to you with an urgent question regarding self-defense. A few weeks ago, I was attacked by an unknown assailant in the city center who tried to steal my phone. In the situation, I defended myself with all my strength and was able to fend off the attacker. However, afterwards, I questioned whether my actions were legally correct.
I have heard that one can only defend themselves with force in a situation of self-defense. Since the attacker was armed and physically threatened me, I felt in immediate danger and acted accordingly. Nevertheless, I am concerned whether my reaction was appropriate and legal.
Could you please inform me whether I acted lawfully in this case? Are there specific laws or guidelines I should follow when defending myself? And what consequences could my actions have if the attacker decides to press charges against me?
I am very worried about my legal situation and therefore hope for your professional assessment and possible solutions in this matter.
Thank you in advance for your help.
Sincerely,
Dora Hagedorn
Dear Mrs. Hagedorn,
Thank you for your inquiry regarding self-defense. It is understandable that you are concerned about your legal situation, especially after being in such a threatening situation. I will try to answer your questions as comprehensively as possible.
In Germany, it is generally allowed to defend oneself in a situation of self-defense using appropriate force. A self-defense situation occurs when someone is immediately and unlawfully attacked and must defend themselves against this attack. In your case, where the attacker was armed and physically threatening you, it is understandable that you felt in imminent danger and defended yourself.
It is important to note that the defense action must be proportionate to the attack. This means that the defense action must not exceed the necessary force to fend off the attack. Therefore, you should only use as much force as necessary to defend yourself.
In the event of the attacker filing a complaint against you for assault or similar accusations, the public prosecutor's office will assess whether your defense action was justified. It is important that you describe the incident accurately and can name possible witnesses who can support your account. Additionally, you should consult a lawyer as soon as possible who can represent you in a possible criminal proceeding.
There are no specific laws or guidelines that you must follow when defending yourself in a self-defense situation. Rather, it is about ensuring that your defense action was proportionate and appropriate.
I hope this information helps you and can put your mind at ease. If you have any further questions or need legal assistance, I am happy to help.
Sincerely,
Uwe Riedmüller
