Those charged with assault should immediately seek legal representation to help fight their charges and present your case to the Crown for a positive result.
Lack of intent is a legitimate defense to assault charges, because the crown must prove both actus reus and mens rea in order to successfully convict someone of such crimes.
Get a Free Case Assessment
Assault charges can be difficult, yet they should be addressed as soon as you become aware. Working with a criminal defense lawyer tо create an effective strategy оf defense will make this easier for you – there are various common defenses such as self-defense оr mistaken identity that might apply here. Additionally, get a free case assessment оf a domestic assault.
To use self-defense as an argument, you must show that an attacker placed you in reasonable fear of physical injury or death. Proving this requires an accurate perception of danger; knowing their physical strength, training or violent tendencies.
Assault charges can be defended against by asserting that you did not commit the offense, or had good reason for what actions were taken. A strong defense can reduce or avoid harsh penalties such as jail time, fines, and permanent records that accompany aggravated assault conviction.
Get Rid of an Assault Charge
Conviction for assault can have devastating repercussions that affect every aspect оf your personal and professional life. Hiring an experienced defense lawyer tо mount a strong defence may increase your chances оf having charges dropped against you and ultimately get rid оf an assault charge.
Self-defense should always be your first line of defense, provided that it can reasonably protect you or others and that any force used was appropriate to deal with the threat. Furthermore, weapons or excessive force should never be used as defense mechanisms against threats; rather, just appropriate responses should be deployed against them.
Another popular defense is misidentification. If the police identify you incorrectly and you have an alibi for that time period. Duress can be raised if it can be proven that conduct that would normally constitute criminal behavior was forced upon you – something often seen in contact sports cases.
Hire a Lawyer
MVSK Law’s criminal defense attorneys can evaluate the evidence brought against you by the prosecution, and identify areas in which reasonable doubt can be raised. Depending on the facts of your case, affirmative defenses such as self-defense may also be available as defense strategies.
Self-defense may be used against an assault charge if you can demonstrate:
Your attacker was trying to commit violence against you or those close to you; this may include verbal threats, provocations or physical assault. Your use of force to defend yourself was reasonable and proportionate with what was considered a legitimate threat.
Assuming you knew your assailant was trained fighter or had prior MMA experience, it would be reasonable to believe they intended to cause you harm. Furthermore, you need to demonstrate when and why you decided to cease using force; otherwise aggravated assault charges could follow suit and a legal representative experienced with these types of cases could prove invaluable in court proceedings.
Don’t Give a Statement
In cases of assault, it is always wise to seek legal advice before making statements to police. Doing so without assistance from an attorney could prove fatal – the prosecutor could use anything you say against you in their prosecution process.
Your attorney can assist in helping to identify which defenses are appropriate to your case and what evidence can be used in support thereof. They will also ensure you have full access to all evidence in possession of the prosecution – witness testimony, photos, medical reports etc.
One of the primary defenses against assault charges is self-defense.
To prove it, you will need to demonstrate there was an imminent threat of harm against you or someone else; you perceived this threat accurately; you didn’t provoke or escalate the situation; and that your amount of force used was proportional with regard to this threat. It can be challenging proving this defense successfully; therefore an experienced attorney should help devise your case.
