Q: can i argue self defense even if no one was around to see it and i left a mark while they didnt
we were arguing in the living room when she lunged at me to take my phone and swung and hit me in the head 2 times to take it from me (she bought it for me thats why she was trying to take it) so to prevent her from hurting me i was pushing, punching and scratching to get her off of me. by scratching i left a mark but she didnt.
A:
Yes, you can argue self-defense even if no one else was around to witness the incident. In California, self-defense is a valid defense as long as you reasonably believed you were in immediate danger of being harmed and your response was proportional to that threat. The fact that you left a mark while she didn't doesn't automatically mean you weren’t acting in self-defense, but it might make the situation more challenging to explain.
To build a strong self-defense claim, it's important to describe exactly what led you to feel threatened and how your actions were a direct response to that threat. If you can show that you acted to prevent further harm to yourself, that can help support your case. However, the law also considers whether your response was reasonable under the circumstances.
It’s a good idea to gather any evidence you can, such as photos of injuries, messages that might show a pattern of behavior, or even past incidents of aggression. Without witnesses, your explanation and credibility will be critical in making your case.
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