As you know if you have already been charged with assault, it is a very serious criminal charge with potential consequences if you are found guilty. However, it is also a type of criminal charge that has many defenses. Assault does not actually rely on a victim being injured – it instead intentionally causes another person to be in imminent fear of injury from another party. If the victim was reasonably afraid and the prosecutor can prove this, the defendant will usually be charged.
If you are convicted of assault, your major fear may be that you will spend time in prison. Many people who are charged with assault will be charged with a felony and carry a permanent record for the offense for the rest of their life. This means that they may fail future background checks, lose out on jobs and homes, and remain on file forever. They may have to pay fines for injuries and more.
Defenses to Assault Charges
Self Defense: Self defense cases are usually very appropriate in these situations. Yes, you may have committed the assault, but if you allege self defense, this means that you were justified in doing so. For this, you will have to show the prosecution and judge that the victim was actually the aggressor and that you believe you were acting reasonably by attacking.
Alibi: This shows that you were not actually at the location of the crime because you were somewhere else. In some cases, this may be necessary when the victim misidentifies you as the perp.
Failure to Meet Burden: The prosecutor must show that you actually committed the crime based on what they see. If they do not meet this criteria, the jury has to find you not guilty.
Your criminal defense attorney may be able to help you in this process by challenging the credibility of witnesses as well as evidence. There are many ways that we can help you win your case, no matter how complex. Call us today at The Law Office of Peter Blair for more information.