Those who suffer assaults experience physical attacks from or the threat of being attacked by other people. This experience may involve being punched, shoved, kicked, or pushed, and can even include weapons like blunt objects and guns. Assault charges are in different ways. They can include sexual assault or rape, grievous bodily harm, actual bodily harm, domestic violence, relationship abuse, hate crime, and so on. Each of these has legal consequences and can impact your life significantly. It can affect your relationships (personal or professional), tarnish your reputation, and lead to huge financial expenses and losses. When faced with assault charges, different possible defenses can boost your chances of getting a favorable result. Below is the detailed information about these defenses.
Alt: Assaulted Woman with Tape on Mouth
Self-Defense
Are you charged with assault? You may have a favorable outcome if you claim you acted in self-defense. The outcome may be that the case will be dismissed or your charges will be reduced. However, two conditions must be met for your claim to be accepted. The first is that the force of defense must be reasonable, and the second is that the cause of the attack should not be because you provoke the accused party. Moreover, you must prove that your self-defense was triggered because of imminent danger. You need to consult an experienced Georgetown assault lawyer to help you navigate how to present a highly convincing case.
Defense of Others or Property
You can claim that assault charges were due to the defense of others. This claim can only be valid in a court of law if you and your attorney can prove that your actions were due to imminent danger and that protecting others requires the use of force. If the case involves property, you need to prove that reasonable force is used for protection against theft or damage. Whereas, the force and the threat posed must be proportional.
Prevention Due to Mental State
For the defense, proving that the cause of actions was due to the lack of mental state, an experienced assault lawyer will be needed as soon as possible. The reason for this is to prove that the state of your mental health when the offense was committed inhibited you from forming the appropriate intent, leading to the assault.
Consent
Are you involved in a sexual assault or other physical contact cases? You can use consent as a defense to the charges. The success of the case depends on how well your criminal defense lawyer can prove that the alleged affected party gave informed and explicit consent to the act. This defense may be invalid if the alleged victim could not give consent because of several factors, including mental state, age, and so on.
Coercion
Sometimes, your safety or the safety of those around you may be threatened. If you act based on this, you can claim that the assault was because you were forced or threatened with danger. But your criminal defense attorney must prove that the coercion was immediate and that your action was the only reasonable option you had.
