Assault charges, whether they involve weapons like guns and blunt objects or personal weapons like fists, can carry serious consequences, including significant time behind bars. The good news is that there are a variety of possible defenses in assault cases, depending on the details of your case and the evidence your lawyer can gather.
One of the most common defenses to assault charges is that you acted in self-defense. To successfully use this defense, you must be able to show that you were attacked and that you believed you were in imminent danger of harm at the time you committed the assault.
Defending a case of this nature requires that your lawyer be familiar with the exact elements of assault. This includes a detailed understanding of the legal definition of assault, which differs by jurisdiction. This is important because a criminal prosecution will be required to prove each element of the offense beyond a reasonable doubt, and if there is any way to attack or challenge one or more of these elements, you can be found not guilty.
Intent is another element that must be attacked. For an attack to be deemed as assault, you must intend to cause injury or fear of injury in the victim. However, in some instances, it may be difficult to establish intent. This can be particularly true if the assault was committed on the fly, or when it was not planned and only occurred as a result of an accident, such as a punch that accidentally breaks the victim’s nose.
You can also use the defense of provocation in assault cases, but this is only successful if you can prove that the other person provoked you to act aggressively or violently. This can be challenging to do, but it is an excellent option for those who may have been provoked into the violent reaction and would like to avoid a conviction.
Finally, you can also use a defense of necessity. This can be a very effective strategy in many cases, as it allows you to argue that the actions you took were necessary to prevent greater injury or danger to yourself or others. To use this defense, your attorney will need to obtain medical opinions regarding the level of injury and forensic evidence concerning the scene of the crime, as well as eyewitness statements.
In any assault case, you must consult an experienced criminal defense lawyer as soon as possible. A skilled defense attorney will be able to quickly assess your case, interview witnesses and police officers, and begin building a solid defense for you. They will also have a comfort level with judges and prosecutors that you might not have, and this can make all the difference in your outcome. Contact an experienced New York City assault lawyer today for a free consultation. Cory Wilson is a trusted defense attorney who has helped countless clients build strong cases and increase their chances of a positive outcome.