Charged With Assault? Your Lawyer May Use One Of These Defenses

If you have been charged with assault, then you absolutely need to hire an attorney from a law firm like Pollack & Ball LLC to help you fight the charges in court. Your lawyer will probably have you plead innocent and then formulate a defense to convince the judge or jury that you do not deserve to be convicted of this crime. There are several different defense strategies your lawyer may use, depending on the nature of your case. Here's a look at the most common ones.

Self-Defense

This is a very common defense used in assault cases. Basically, your lawyer will assert that you only hurt the "victim" because you had to defend yourself against harm -- and therefore, your actions do not constitute assault.

Note that in order for your actions to be seen as self-defense, there needs to have been a threat to you. Perhaps the other person told you they were going to harm you, or maybe you saw a weapon in their hand and took action before they had a chance to use it. Usually, the court will also want to see that you did not have a way to escape the threat other than to defend yourself. So, for example, if you could have jumped into your car and driven away -- but you decided to stay and fight instead -- self-defense may not be the best defense for your case.

Consent

Were you participating in a sport, such as karate or wrestling, when the supposed assault took place? If so, your lawyer may argue that by participating in the sporting endeavor, the person you injured consented to your actions against them. For example, if you were fighting in a boxing ring and someone is now claiming you assaulted them by punching them in the face, that charge won't hold up. The person consented to your actions when they entered the ring.

Defense of Property

You can also defend your actions against someone by arguing that you acted to defend your property. For instance, if someone was threatening to shoot your dog or steal your purse and you responded by punching them in the face, you should not be found guilty of assault. You only acted to defend something that was yours. 

To learn more about these defenses and which is most applicable to your situation, talk to your assault attorney. If you feel your actions were justified, there's a good chance your lawyer can defend them in court and get your charges dropped or dismissed. 

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