Aggravated and Simple Assault Defenses: The defenses available in assault cases vary depending upon the facts and circumstances, mainly because the cases can range from straightforward to the very complex. The following are some possible defenses to assault charges:
1. Self Defense – Self defense is probably the most common defense used in assault cases. In order to establish self-defense, the accused must generally show (a) a threat of unlawful force or harm against them; (b) an honest reasonable perceived fear of harm to themselves; (c) no harm or provocation on their behalf; and (d) that there was no reasonable chance of retreating or avoiding the altercation.
The doctrine of self-defense has several limitations in addition to those above. The use of self-defense must be reasonable when compared to the threat posed by the victim.
2. Defense of others – This defense is similar to that of self-defense, with the only difference that the individual must have an honest and real perceived fear of harm to another person. The accused must have a reasonable ground for their perceived fear in order to establish this defense.
3. Defense of property – An accused may be able to claim that he acted in defense of his property being destroyed or illegally taken. This defense allows for an individual to use reasonable force in defense of their property. This defense is available if an individual’s home is burglarized. A defendant may have the right to use reasonable force to protect his or her belongings.
4. Consent – A defendant may be able to use this defense if the parties consented voluntarily to a particular act. The defense raised would be called mutual combat.
Clearly if you are charged with an assault crime obtain an experienced criminal defense attorney to assist you with the defense. Call Marinaro Law.