Legal Defense

There are many different legal defense strategies possible to fight an assault charge in court.

Assault Self Defense

If you were first attacked in a fight, then self-defense may be a legitimate defense to an assault charge. Many fights are by “mutual” consent if an argument turns physical. And the police often can’t tell who threw the first punch. Sometimes they will arrest both parties, or they may only arrest the person who was harmed the least, regardless of how things got going.

Affirmative Defense

You can argue affirmative defense, that you committed an assault to prevent the person from harming you or someone else, such as if they other person was the attacker and instigation of a fight.

You can also argue that you had to physically intervene in order to prevent a person from stealing property, or committing other thefts or criminal acts.

Mistaken Identity

If there is a brawl or altercation involving a lot of people, it may be difficult for the police to figure out who was involved, and who was a bystander trying to stay out of the way and avoid injury.

No Credible Threat

A threat of injury has to be credible and the victim has to have a legitimate fear of injury. If the alleged victim wasn’t truly concerned about his or her safety, and attempted to get you arrested for other reasons, like revenge, or domestic or family court leverage, then the charges should be dropped or dismissed.

Every assault case is different, so if you believe you are innocent, it is important to speak with an experienced criminal defense lawyer as soon as possible, to evaluate your case and determine your best opportunity and defense strategy to beat an assault charge in court.

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