SELF-DEFENCE — EXCESS — DEFENCE OF THE HOME

Self-Defence (Art. 34 s. 6 APC): Criminal Defence in Cases of Self-Defence

If you defended yourself against an attack or an intrusion and are now involved in criminal proceedings, the case turns on early evidence: cameras, emergency calls, injuries, witnesses and expert reports. We intervene in Buenos Aires City (CABA) and the Province of Buenos Aires to organise the strategy from the very outset.

In the first 24–72 hours we aim to:

Preserve evidence (cameras, emergency calls, witnesses, injuries, messages).
Establish the defence hypothesis without making unnecessary statements.
Contest any measures (detention, restrictions, seizures) with technical arguments.

Urgent response

Police station / prosecution / court

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If there is a detention or an emergency at a police station, go directly to 24-hour Bail & Release.

On this page

Legal requirements Decisive evidence First 48–72 hours Common scenarios FAQs

When the person who defended themselves ends up as the accused

In practice, it is common for the person who acted in self-defence to come under suspicion at the outset. This happens in home intrusions, escalating conflicts, street incidents and family situations. The question is not how the facts "sound": it is what is proved and what is preserved in time.

Typical requirements (Art. 34 s. 6 APC)

Unlawful attack: current or imminent (a real and unjust assault).
Rational necessity in the means used: proportionality and the real availability of alternatives.
Lack of sufficient provocation: you did not generate or seek out the situation.

The defence strategy is built on two layers: (1) factual reconstruction (the real sequence of events, timings, distances, who initiated the attack), and (2) legal framing without over-explaining, to avoid handing interpretations to the other side. Where applicable, a complete self-defence plea is advanced; failing that, excess or a less serious classification is argued.

The evidence that tends to define the case

In self-defence cases, the "procedural truth" is assembled quickly. Evidence that is not requested or preserved in the first few days tends to appear too late — or not at all.

CCTV footage

Public and private cameras (residential, commercial premises, building management). Urgently requested given short retention periods.

Emergency calls / communications

Calls made, dispatch records, patrol unit timings. Helps establish the timeline and credibility of the account.

Injuries and forensic medicine

Medical reports on injuries to both you and the attacker, photographs, certificates. The injury pattern is often a key factor.

Digital evidence

Messages, audio recordings, geolocation data, prior threats, metadata. Preservation and chain of custody are critical.

The first 48–72 hours: what to do and what to avoid

AVOID

Lengthy explanatory accounts "to clear things up" — these tend to backfire.
Messaging witnesses or third parties without a strategy (risk of adverse interpretation).
Handling objects or "reconstructing" evidence — expert examinations detect this.

DO

Identify cameras and request immediate preservation.
Save screenshots, messages and calls (unedited).
Seek medical attention and obtain a record of your own injuries.

Defence objective: to ensure the case file reflects the real sequence of events (attack → necessity → response), with objective evidence and timely requests. That is what tends to change the outcome.

Quick checklist

Location and timing

Times, route taken, exact location, nearby cameras, witnesses (names and contact details).

Procedural risk

Detention, restrictions, seizures, expert examinations. Early intervention aims to limit damage.

Documentation

Medical certificates, photographs, messages and prior threats, call records and anything that establishes a timeline.

Note: If the prosecution classifies the case as an "offence against life" or grievous injury, the strategy changes because of the sentencing range and the measures available. In that scenario, see the specific pages below — though they do not replace an analysis of your own case file.

Common scenarios

Home intrusions

Intruders entering the property, threats inside the home, reaction to real danger. The case typically turns on cameras, emergency calls and the timeline.

Street attacks

Incidents in public spaces: blows, threats, sudden assaults. We work with cameras, witnesses and injury records.

Group assaults

Conflicts at bars, clubs or events that escalate. We distinguish the person who defended themselves from those who started the fight.

Domestic contexts

Prior dynamics, previous complaints, threats and specific incidents. Documenting the context properly — without improvising — is critical.

Related resources

Electronic evidence

Practical guide to preserving messages, audio recordings, emails and files with an evidentiary focus.

VIEW GUIDE

Liberty emergencies

If there is a detention, an imminent summons or urgent measures, go directly to the 24-hour emergency page.

VIEW EMERGENCIES

Cases with serious charges

If the case is classified as homicide or grievous injury, specific strategies apply because of the sentencing range and the measures available.

IF CHARGED WITH HOMICIDE IF CHARGED WITH SERIOUS INJURY

If the incident occurred in a context of domestic violence and self-defence, specific evidentiary and contextual considerations may apply: see criminal defence resources.

Frequently asked questions

Generally speaking, when there is an unlawful attack that is current or imminent, a rational necessity in the means used to repel it, and a lack of sufficient provocation on your part. If those requirements are proved, the conduct is not punishable and the case should result in a dismissal or an acquittal.

Excess arises where a defensive situation existed but the reaction becomes disproportionate — for example, continuing to act after the attacker had already been neutralised. In that scenario, the strategy typically focuses on establishing the context and the real dynamics of the event, and framing the conduct as excess rather than a deliberate attack.

Yes. At the outset there may be detentions or restrictive measures while the facts are being reconstructed. Early intervention aims to preserve evidence, establish the defence hypothesis and immediately contest liberty and any measures imposed.

CCTV cameras (public and private), calls to emergency services, witnesses, medical reports documenting injuries to both you and the attacker, expert examinations and digital evidence. The key is to request and preserve that evidence before it is lost.

The home context is often decisive: urgency, fear, the absence of real alternatives and the risks posed by the intrusion. The case turns on concrete facts and objective evidence — cameras, emergency calls, injuries and the timeline of events.

It does not prevent a defence from being maintained, but it requires working with indirect evidence: injuries, physical traces, cameras, emergency call records, witnesses and prior context. Any attempt to aggravate the charge without evidentiary basis is also challenged.

Urgent and confidential intervention

Every hour counts when it comes to preserving evidence and shaping the direction of the case file. We assess your case and define a strategy tailored to the facts and the evidence.

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