Self-Defense Strategy for Assault Cases

Personal Injury Lawyer

Upon first thought, assault charges may seem like very straightforward cases. If one person attacks another physically, he or she may have to spend time behind bars for the offense. However, situations that arise in real life scenarios are rarely that simple. After further investigation, an attorney may discover that the defendant had responded in self-defense to protect oneself, loved ones, and/or property. Without proper legal representation, those accused of assault may have to serve harsh punishments that aren’t fair.

Self Defense of Oneself

The most commonly used defense strategy in assault cases, is that the defendant was protecting oneself due to threat of being harmed. A person has the right to act in their own defense (but within reason). For example, if someone approaches and punches you, you can use the same amount of force to fight back but are not able to pull out a firearm or stab them. Additionally, if you continue to use extra force long after the threat is no longer present, you may face further consequences.

Self Defense of Others

If you were safeguarding a loved one in jeopardy, you may have grounds for using defense of others as a legal strategy. An attorney can gather proof to demonstrate how your actions were needed and reasonable due to a perceived threat to someone else. Same as with defense of oneself, a person is not permitted to use excessive force.

Defense of Property

Depending on the state you reside, you may be able to use the defense of protecting property as a justification for using physical force. In general, acting in defense of property is a legal strategy that is most successful when someone was protecting a home from a robber and/or attacker. In some circumstances, this strategy may be used when property was taken from a person, and he or she had used force to get it back.

The Burden of Proof

The prosecution must bring forward evidence that proves the accused had committed all elements of the crime. The burden of proof lays heavily on the prosecution, and if they do not have enough evidence to convict you, then the charges may be dropped. We suggest not just hoping the prosecution has weak proof. An attorney can help you prepare for what the prosecution may bring forward, and how to defend yourself against such claims.

Assault is a violent crime that can result in steep consequences, such as fines, jail time, a criminal record, tarnished reputation, and decreased employment opportunities. If you or someone you love was charged with assault, we highly recommend seeking guidance from an attorney. After consulting with you further about what happened, we can decide which defense strategy can be most influential to your side of the story. Don’t wait until the last minute to obtain legal representation.

 

Source: Personal Injury Lawyer Fort Lauderdale, FL, Needle & Ellenberg, P.A.

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