5 Best Defenses for Assault Charges to Utilize on Your Clients

5 Best Defenses for Assault Charges to Utilize on Your Clients

Assault charges are pretty serious. A person convicted may find their chances of employment not easy to get, will be strained in a relationship, or will face social stigma. 

Hence, it is important for anyone who gets in the way of these charges to understand how defenses work. You can get through this unfortunate situation if you know the right strategy.

Stick with us as we review five of the top defenses to an assault charge that your clients can use in their cases.

Self-Defense

Self-defense is an excellent strategy in assault cases. Self-defense takes the stance that a defendant acted in response to protect themselves from imminent harm. The essential elements in establishing self-defense are providing two prongs: perception and reasonableness.

Clients must show that they perceived they were in danger. They also have to prove that their response was proportional to the circumstance, that is, it should be commensurate with the threat presented by their attacker.

Duress

Another common defense is duress. This type of defense postulates that the defendant committed the action under immediate threat or force from another individual. The victim must show that they would have suffered grave injury if they had not carried out the assailant’s requests.

The clients must show that there was no reasonable alternative at the time. For instance, if a person is under threat of physical harm unless he commits an assault, then this may be a good defense of duress.

Defense of Others

Defense of others is another defense strategy for an assault case that your assault lawyer may want to explore. This defense provides that the defendant acted in the defense of another person against an imminent attack. The accused must prove that they genuinely believed the person they were defending was in danger.

To show this, the clients must prove their action was proportionate and necessary to prevent harm. For example, if one interferes in an attack to protect a friend, that may be considered a defense of others. 

Necessity

Necessity is one of the most potent defenses to assault. One uses this when the defense puts forth that he committed an act to prevent greater harm from occurring. In this, the client must be able to show that his actions were necessary to defuse some immediate, unavoidable situation.

In the case of necessity, for instance, force is used to put one out of an environment that presents a danger, poses a great threat to them, and hurts or assaults another in the process; in such cases, the necessity defense may apply. A qualified assault lawyer can argue these facts to show how high-pressure conditions presented the thought process involved at the time.

Consent

Another relevant approach in assault cases is consent. The nature of this defense is that the victim granted consent to the actions which subjected them to trial. In this case, the clients have to prove beyond reasonable doubt clear evidence that consent was indeed given willingly and knowingly.

In contact sports or consensual fights, there is almost an acceptance of some form of risk. An experienced assault attorney can highlight these aspects to show mutual consent, shifting perceptions of aggression and violence. 

Penalties and the Importance of Legal Representation

“An assault conviction encompasses serious penalties that will affect one’s life forever. Also, convicted offenders may find difficulty finding a job or house,” Texas assault lawyer Craig Greening, founder of The Greening Law Group.

As such, having a lawyer is highly important. Consider the attorney’s experience, reputation, and communication style when choosing a lawyer. With good representation, the accused will have better leverage on decreasing charges or favorable case results.

Conclusion on Self-Defense Claims

A general understanding of various defenses against assault charges is important since each will have unique ways of carving out avenues to acquittal. Consultation with an experienced assault attorney will provide a guideline at this critical juncture to guide you in protecting your rights while creating a formidable defense suited to your situation.