What defense options exist to charges of assault?

What defense options exist to charges of assault?

On Behalf of | Feb 10, 2021 | Uncategorized

All criminal charges are serious and should be treated with attention and care. When a Charlotte resident finds themselves in the difficult position of facing assault charges, they should know that they have rights and options for protecting their legal interests. One of the first steps that they can take is to contact a criminal defense attorney for advice on how to protect themselves.

A lawyer who practices criminal defense law can help their client formulate a defense plan based on the facts and circumstances of their unique case. No part of this post should be read as legal advice, and the information contained herein is offered as general information only. Defenses do exist to charges of assault, and readers can discuss these and other legal options with their trusted legal counselors.

Basics on self-defense

Self-defense is one of the most common defenses that individuals can use to take on charges of assault. When self-defense is claimed, the defendant does not deny involvement in the altercation that led to their assault charges. Rather, they claim that their actions were necessary to prevent them from suffering harm at the hands of the alleged victim.

Self-defense can often be extended to other defensive strategies. For example, a person may claim that they acted in defense of another person when their assault charges were alleged to have occurred. In some instances an individual can protect another person from harm and use their actions as a defense to possible criminal allegations.

Other assault defenses

There are other options that individuals can pursue to overcome their assault charges. Some are:

  • Consent: An alleged victim may consent to an assault if the agree to fight or engage in an altercation.
  • Mistake: An assault defendant may claim that police officers arrested the wrong person when seeking a defendant for an alleged assault.
  • Failed charge: When a prosecutor brings a charge for assault, they must prove all of the elements of the crime. A defendant may choose to demonstrate that their prosecutors failed to prove their case in satisfaction of a conviction.

Different defenses will work for different assault charges. It is important that individuals get legal help for their pending criminal matters. Criminal defense attorneys can provide strong education, advocacy, and supportive services.