Assault cases are one of the most challenging types of cases to win. This is because this type of case typically involves a witness who has identified you as the person who caused them injury. In many cases, it simply comes down to your word against theirs. If you are facing an assault charge, you may be wondering how an assault attorney can assist you. While these cases are tough to win, they are not impossible to beat. Here are three common defenses that may be used by an assault attorney to help fight your assault charges.
The top defense that is used to fight assault charges is that you were acting in self-defense. You have the right to protect yourself against physical harm. If someone approaches you and starts to hit you or grabs you, you are able to fight back. If the individual who started the fight takes the brunt of the punches, they may wind up looking like the victim, when in fact, they were the instigator. An assault attorney will work to show you were acting in self-defense by showing evidence you may have been assaulted, such as photos of your injuries, camera footage, or statements from witnesses.
Another defense that may be used to fight an assault charge is that the act that you were engaged in was actually consensual. This is most commonly used for sexual assault cases. One person may regret their actions later and state they were sexually assaulted. But an attorney may use text statements or other evidence to show the encounter was consensual. Sexual acts are not the only way that this defense is used. In some cases, you and your buddy may agree to something stupid, such as fighting each UFC style or wrestling each other. If the other person is injured, you may be charged with assault. But if the act was consensual, you may win your case.
The last defense that can be used to fight an assault case is the property defense. You are allowed to protect your property, just as you are allowed to protect yourself. If someone breaks into your home, you have the right to defend your property, even if that includes beating up the culprit. Likewise, if someone tries to snatch your purse, you can kick or trip them to fight back against the theft. Evidence is vital in proving this type of case, which is where an attorney can help.
Every assault case is different. As such, these defenses may pertain to your claim, or they may not. An assault lawyer can sit down with you and discuss the best defenses to raise based on the circumstances and evidence surrounding your case. Contact a law office like Pollack & Ball LLC today to schedule a consultation.Share