Have you or a loved one recently been charged with assault? If so, you will need to begin your journey through this legal matter by consulting with an assault attorney firm like Epstein & Robbins. This is very important since a conviction in this type of case can result in some serious consequences including jail time. Thankfully, there are several defense strategies that are available when dealing with an assault charge. Continue reading to learn more about the three main defense strategies that your assault lawyer may choose to pursue when defending you against these charges.
Defense #1: Self-Defense
The most common defense for assault is self-defense. This is because the law provides each and every person with the right to defend themselves against the threat of bodily harm. This means that you have the right to use reasonable physical force if you believe that you are in danger of being seriously injured or killed. The most important thing to remember when pursuing this defense strategy is that your response to the threat against you must be reasonable. For instance, if an individual of similar size and strength is threatening you with their fists, the use of a gun to end this threat may not be considered reasonable. However, using your fists against this individual to stop their threat against you may be considered self-defense.
Defense #2: Defense Of Others Or Property
In addition to your right to defend yourself, you also have the right to defend others and your personal property within reason. For example, if your children, parent, spouse, or friend are being physically threatened or attacked, you have the right to use reasonable force in order to eliminate the threat against them. You also have this legal right to the use of force if someone is actively trying to break into your home or vehicle. It is important to note that your legal rights in this situation only remain in place so long as the threat is active. The moment the threat has been subdued, it is your legal responsibility to stop any acts of aggression. Consequently, the most important factor for your assault lawyer to prove when pursuing this defense is that your actions were reasonable and required in order to stop the threat of harm to another person or meaningful property.
Defense #3: Consent
While the idea that someone who consents to be assaulted may seem a bit strange at first, the fact is that this type of consent is given on a regular basis. For instance, if you have ever seen a boxing match, you have witnessed a situation in which consent was given. If the assault you are being accused of took place during an event in which consent was given, you cannot legally be convicted of a crime in connection with this event.