4 Common Defenses In Criminal Assault Cases
Posted on: 25 September 2019
Being accused of a criminal assault can leave you wondering how to present a defense. If you're trying to make a case, it's a good idea to think about your situation like a criminal defense lawyer would. Here are four common defenses an assault lawyer might consider presenting.
Mistaken Identity
The police don't always get it right, and accusers and even well-meaning witnesses don't have great memories in many cases. One of the simplest defenses is that it wasn't you. While it's not a great argument if you were immediately arrested by the cops following an incident, the police don't always intervene in the middle of assaults. They oftentimes get stuck looking for a perpetrator based on descriptions. Even when using video surveillance, mistaken identity can occur.
Self-Defense
Perhaps the most commonly deployed argument, especially when it's clear that a defendant was involved in an incident, is that the actions were self-defense. You have a legal right, within reason, to defend yourself from being attacked by another person.
The application of retaliatory violence usually needs to be commensurate to the threat. If someone casually punches you on the arm one time -- even if they hit you very hard -- that doesn't justify striking them multiple times in the face, for example. The response has to be reasonable relative to the threat.
Perception often plays a role in self-defense claims. If a person was brandishing a knife, you might choose to take pre-emptive action before they do harm to you because you're afraid they might attack. That is a self-defense claim that has a good chance of holding up.
Threats to Others or Property
A similar argument can be made when a person is trying to protect someone else from harm. For example, it would likely be considered reasonable for someone to intervene because they saw an adult hit a child. As with self-defense, the response can't exceed the threat.
Where this issue gets murkier is when it comes to defending property. Generally, there is a right to defend the home. Similarly, using sufficient force to recover stolen property, such as running down a pickpocket, is also an acceptable defense in an assault case.
Consent
One of the harder defenses is that the receiving party of a strike consented to it. Consent usually has to be overt and ongoing, meaning you can't continue once you've been told to stop. Judges always closely examine these claims.
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