Q: My husband is currently in jail because he tried to save me from getting robbed what kind of defense can we use

A: In a situation where your husband acted with the intention to protect you from harm but unfortunately ended up causing harm to someone else under distressing circumstances, several defense strategies might be applicable under the law. These defenses are designed to consider the context and intentions behind an individual's actions, especially in situations involving self-defense or the defense of others.

1. Self-defense or Defense of Others: This defense is based on the principle that your husband acted to protect you, himself, or both from immediate harm. The key factors here would be demonstrating that he had a reasonable belief that there was an imminent threat of harm and that the force used was necessary to prevent that harm. However, this defense's applicability can be complex if he is perceived to have used more force than necessary or if he harmed an unintended person.

2. Mistake of Fact: Given that your husband shot the wrong person under the influence of the high-stress situation, it might be possible to argue that he made a mistake of fact, believing he was acting against the aggressor. This defense acknowledges that while his actions were mistaken, they were based on a flawed perception of the situation due to the stress and chaos of the moment.

3. Duress: If your husband acted under the belief that immediate action was necessary to prevent a greater harm, this defense could be considered. It focuses on the pressures faced at the moment and the choices available to him, which, under other circumstances, he might not have taken.

It's crucial to consult with a defense attorney who can evaluate all aspects of the incident, including the circumstances leading to the unfortunate outcome, your husband's intentions, and the specifics of the law. An experienced attorney can develop a defense strategy that appropriately addresses the nuances of your husband's case, potentially including expert testimony on the psychology of high-stress situations and the reasonable reactions of individuals under such duress.

Legal representation will also be key in navigating the complexities of the criminal justice system, ensuring that your husband's rights are protected, and presenting the most compelling defense based on the facts of the case.