Any time that violence breaks out, there is the possibility of assault charges. Of course, the reality of the matter is that assault charges are often completely unfair and do not address how the altercation at the center of the charges came about.
It is possible for a person to receive assault charges even if they acted to defend themselves or someone else.
If you recently received assault charges while defending yourself or someone else, then you need to consider your next steps very carefully. The good news is, if your charges do involve self-defense or the defense of someone else, that may be enough to justify your actions to the court.
However, self-defense is not an automatic solution to assault charges. It is wise to consult with an experienced defense attorney who understands how to help you build a strong legal defense strategy and ensure that your rights remain protected throughout the process.
Self-defense is almost certainly the most often-cited defense against assault charges. Courts are not keen to simply say “Oh, you were defending yourself? Well, never mind the charges, we’re dropping them.”
If every person who claimed self-defense walked away free and clear, that would mean dismissing almost all assault charges. Courts usually require that legitimate self-defense claims meet several standards.
First, those claiming self-defense must demonstrate that they faced imminent danger or threat of harm. As you can imagine, this is easier said than done.
Furthermore, the courts generally want to see that the individual claiming self-defense did not also provoke the source of the threat.
Finally, courts examine whether or not the person claiming self-defense could reasonably have escaped the confrontation without using violence.
Basically, successfully claiming self-defense in the face of assault charges requires demonstrating that it was the only reasonable option at the time.
You may also have grounds to claim that you acted to defend the safety of someone else. In this case, you face similar requirements to successfully make this claim. You must demonstrate to the court that you only acted because of a very real and imminent threat of harm to the other person and that there were no other reasonable options for resolving the conflict or escaping the situation.
Whether you believe that you may have a strong case for self-defense or not, you should certainly use every resource you have available to fight the charges. Criminal charges of any kind, especially those involving violence, can carry heavy penalties and even jail time. Do not wait to begin building a strong strategy to defend against these charges and protect your rights and freedoms.
See our violent crimes service page to get help now.
Have you been involved in a violent crime? Contact Levine Law.