Whenever someone is arrested for an assault charge, it necessitates contacting a criminal defense lawyer. Assault is a crime where a person felt so threatened that they worried for their personal safety. In many cases, this type of charge is coupled with battery, which entails the actual engagement of violence against someone else. But, assault is a separate charge that doesn’t always have battery attached to it. Specifically, an assault charge is the result of threatening actions and words, not physical harm.
Common defenses for an assault charge include:
- Defense of others
- Prevention of crime
- Defense of property
The role of a criminal defense lawyer is to cast doubt into the claims against their client, in hopes of getting the charges dropped or at least lessened. The prosecution carries the burden of proof, where they have to show without a doubt that the defendant committed the crime, and that the defendant had acted with criminal intent when the situation unfolded. The definition of criminal intent varies depending on the crime.
For example, in cases of assault and battery the defendant must have threatened or harmed the victim out of malice or anger. If the defendant admits to partaking in the crime but states it was self-defense, it may be more difficult for the prosecution to show criminal intention.
Self defense is one of the most common defense strategies for assault charges. A self-defense claim at its core means that the defendant felt his or her actions were justified because the victim had been behaving in a violent manner or made serious threats of harm.
Those who are facing a criminal conviction for assault and/or battery are strongly advised to get representation. Consider contacting a criminal offenses attorney, such as a lawyer from Frederick J. Brynn, P.C. as soon as possible.