The 3 Basic Defenses Used In Most Criminal Assault Cases

Allegations of assault can leave a person wondering what sorts of legal defenses they might present. For an assault lawyer, it's normal to start the process by thinking about some of the most common defenses. If you're facing assault charges, here are three arguments you may be able to present.

It Wasn't You

The simplest defense is often that you weren't the person who committed the assault. A criminal assault lawyer might present this in one of several ways. If there were several people present and you were at the scene of the incident, you might note that someone else committed the offense. Perhaps an eyewitness who identified you as the attacker simply got it wrong. That can happen given how fast some assaults occur.

Similarly, you may argue that you weren't present. You might have been in a different room or another county.

Notably, this is a defense that can fall apart quickly if there's surveillance or cellphone camera footage. Consequently, it's not one you want to throw out there before an assault lawyer has had a chance to think about it and review the available evidence.

Self-Defense

Another common legal defense is that the circumstances obliged you to defend either yourself or someone else from harm. Self-defense claims hinge on the notion that reasonable people won't needlessly allow themselves or others to be hurt.

Be aware, though, that self-defense claims have limits. Generally, you can't use more force than is necessary to subdue a present threat. If a defendant continued pounding on a person who was down, it's hard to call that self-defense, no matter how clever the criminal assault lawyer might be.

Similarly, self-defense can't be used as a pretense to lure someone into a fight. If a defendant made no effort to get away from a dangerous situation even though they had the opportunity, that could nullify the claim. For example, self-defense is hard to assert if a defendant repeatedly antagonized an opponent.

An Assault Didn't Occur

Picture a soccer match where one player takes a dive after coming into contact with someone. Is that a criminal assault? Virtually no one would argue that it is.

Some incidents look like assaults but aren't. An alleged victim might have put on a show to make things look worse. For example, they could drop after a pat on the arm.

Bear in mind, however, that a defendant doesn't have to connect for something to be an assault. Even a seemingly harmless action like spitting toward someone might be an assault under the right circumstances.

Reach out to a local criminal assault lawyer to learn more.


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