Can I Use a Self-Defense Argument for an Assault Charge?

Say that you were recently subjected to civilly wrong or criminally offensive force without your consent. In a desperate attempt to stop this, you may have returned similar acts of force to the perpetrator. But after the heat of the incident blows over, you may be completely taken aback when a law enforcement officer accuses you of assault. Well if this happens, you may have to claim self-defense in your upcoming criminal case proceedings. For this, please read on to discover whether you can use self-defense as an argument against an assault charge and how one of the seasoned Clarksville assault lawyers at Fendley and Birch can help with your defense strategy.

What must I consider before using a self-defense argument for an assault charge?

For starters, you may be accused of assault if you intentionally or recklessly caused bodily injury to another person, caused fear of imminent bodily harm to another person, or offensively made physical contact with another person. You may defend any of these actions by claiming self-defense. However, this claim may only be made if you establish the following elements as fact:

1. You must establish that you or someone else was in immediate danger of death or serious injury.
2. You must establish that the danger was real or your belief of danger was based on reasonable grounds.
3. You must establish that the force you used was necessary and proportionate to the threat you or someone else received.

It is worth mentioning that self-defense may be a complex defense strategy to opt for. This is because it is an affirmative defense, meaning that you must admit to committing assault before justifying your actions. And so, if the consequences of your actions entail severe, life-altering, or life-ending injuries to another party, you may still face some sort of criminal penalty.

What’s more, if it is unclear you initiated the incident, the other party may similarly claim self-defense. With this, it may be even more difficult to establish whether your used force was necessary and proportionate.

What other potential arguments can I make against an assault charge?

If you resign to the fact that self-defense is not a legitimate argument for you to make, you may explore other options. Without further ado, below are other common defenses taken for assault charges:

• Lack of intent: here, you may argue that you did not have the intent to cause harm or fear to another person.
• Alibi: here, you may argue that you were not present at the scene of the alleged assault at the time it occurred.
• Mistaken identity: here, you may argue that the perpetrator’s identity is still uncertain and cannot be reasonably proven as yours.

If you need a legal representative urgently, please do not miss another opportunity to schedule an initial consultation with one of the competent Montgomery County criminal defense lawyers from Fendley and Birch. Contact our firm today.