Even though you have used deliberate force against another person without their consent, some circumstances may excuse your actions. The defenses available in assault or aggravated assault cases vary depending on the facts of your case. As such, it is crucial to proceed carefully and fight the charges facing you, given that some of them may carry stiff penalties.
Below are possible defense strategies you can employ in your case.
Self-defense is a defense strategy that you can rely on to fight the charges you are facing. To show that you acted in self-defense, you must prove that:
- There was a threat of harm against you that forced you to act
- There was reasonable fear that you were in danger
- The threat and fear was accompanied by provocation
- There was no easy way out to avoid the situation
However, the amount of force you use is up to interpretation and must be consummate with the threat posed by the other individual
Defense of others
Just like self-defense, you can claim that you were defending others. Still, you need reasonable cause for protecting the other individual from potential harm.
Defense of property
You may claim that the reason you assaulted the other person was in defense of your property or an illegal invasion. The law may vary depending on your jurisdiction. Therefore, it is important to contact an experienced attorney to weigh in your case before pursuing this defense strategy.
It is important to note that you cannot claim compulsion by a third party as a defense to your assault charges. In addition, you cannot claim that drunkenness impaired you mentally, leading to committing the assault. Learning more about such defense strategies may increase the likelihood of a favorable outcome for your case.