3 Common Assault Defenses

Often, assault cases are full of nuance. Context can change everything in an assault case. Were you defending yourself or others? Did you have explicit consent? Did you even intend to do anything assaultive in the first place? That is, was it an accident? Below, we’ll take a quick look at 3 common defenses that assault attorneys use to help their clients, and that Verity Criminal Defense may employ in your case.

1) Self-Defense

To assert self defense or defense of others, it's crucial to establish that the accused reasonably believed their actions were necessary to protect themselves or others from harm. To do this, we analyze the circumstances leading up to the alleged assault and evaluate whether the accused’s actions were a reasonable response to a perceived threat. When possible, we also try to establish that whatever force they used was proportionate to the perceived threat. 

We collaborate closely with our clients to reconstruct the events leading up to the alleged assault, aiming to present a clear and coherent narrative that supports their claim of self-defense.

2) Explicit Consent

Unfortunately, consensual activities–from sexual encounters to contact sports–sometimes go too far. When this nuance is present in a case, it can help us in many ways. One major way is that we can often secure a reduced charge before the case even goes to trial. 

3) Lack of Intent

Similarly to #2, this defense stands on the fact that not all harmful actions are committed on purpose. Even without explicit consent, there is an important difference between malice and recklessness. This assault charge defense introduces a very reasonable doubt about the idea that the accused intended to instill the fear of being harmed in the mind of the alleged victim. Just like #2, this can make it much easier to secure a reduced charge before going to trial.

Conclusion

Assault cases are delicate, multifaceted matters that require a thorough understanding of the law, the circumstances of the alleged incident, and the evidence thereof. At Verity Criminal Defense, we’re well-versed in applying the above defenses to our assault clients’ cases as well as many others. Our legal team has years of experience in building the strongest defense possible in such cases. If you or a loved one are dealing with an assault case, reach out to us as soon as possible. We're here to provide the guidance and advocacy you need.