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4 Ways to Beat an Assault Charge

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Assault Charge

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An assault charge can arise from various circumstances, but the case can be complicated to navigate regardless of the situation. Assault is a common criminal charge, and there are many tactics used to beat assault charges. You can use various possible defenses to have your assault charges dropped or dismissed.

Every assault case is handled according to the crime severity, the extent of the injuries caused, and the victim status. However, there are some common approaches used by a criminal defense lawyer to win an assault case. Here are examples of the most common strategies.

1. Defense of property

Defense of property submits that one assaulted the other since they feared harm to their property or a criminal invasion of their property. The law varies greatly from state to state, so it’s crucial to consult a Middletown Aggravated Assault Attorney before pursuing this kind of defense.

While in most cases, an individual has the right to protect themselves if someone illegally gets into their home, that might be a different case with personal property. If there is a property dispute, the owner is not authorized to apply physical force to reclaim their property. They can only use force to recover a stolen item. 

2. Self-defense

Claiming self-defense is one proven way you can leverage to beat an assault charge. This strategy works since everyone is guaranteed the right to protect themselves. Qualifying physical contact or assault resulting from that dispute can be considered self-defense when you are in danger.

If a person threatens to or is about to injure you, you aren’t at fault for sensible actions for your defense. However, provoking an incident doesn’t count as self-defense. There must be an actual perceived threat of violence against you for you to respond with violence in self-defense. If you are the one who caused the incident, then you are probably liable for assault. 

3. Defense of others

Like self-defense, you have a legal right to protect another individual from potential harm. It is also well within your legal right to stop a crime, depending on the situation. However, as with self-defense, there must be a logical cause for your concern for the well-being of another person.

4. Consent defense

If the person accusing you of simple assault volunteered to participate in an affair, they can’t accuse you of injuries resulting from that activity. However, this defense is risky if the act surpasses what was originally permitted. Even if the assault had consent, the court could still pursue to punish the offender.   

Endnote

There are a variety of technical legal approaches that attorneys implement to overcome an assault charge. The defense strategy may involve negotiating with prosecutors to have the assault charge dismissed or dropped before it goes to trial. 

However, these tactics need a high level of legal skills and experience in the industry. It may therefore be in your best interest to hire a lawyer to defend you against an assault charge. A skilled and experienced criminal defense attorney can find ways to help you beat an assault charge, and if the assault charge is dismissed or dropped, you will not go to trial.

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