Have you recently been charged with assault? If so, the only thing on your mind is likely to be how you are going to prove your innocence and avoid the serious consequences that come along with a conviction. Thankfully, there are several different defense strategies that your criminal lawyer may be able to use to help you accomplish this goal. Below you will learn more about these possible defenses and how they may apply to the facts in your case.
Consent
The crime of assault requires you to cause or attempt to cause physical harm to another person against their will. Consequently, you cannot be convicted of assault if the so called victim in the case provided consent. A perfect example of this can be found in contact sports, such as boxing. While serious injury can result from participating in these sports, neither participant can be convicted of assault because their opponent consented to the action. If you believe that consent was given in your case, you may be able to utilize this defense to have the charges against you dropped.
Intent
When committing assault, your intent must be to injure the other party. Therefore, you cannot accidentally commit assault. For instance, if you push past a person on a busy street and this individual falls and injures themselves, this is not assault because no intent was present. However, if you were to shove this person with the intention of making them fall, you will have committed assault. If your actions were accidental rather than intentional, your criminal lawyer may be able to use this fact to secure an acquittal in your case.
Self Defense
All people have the right to defend themselves against harm. If someone is threatening your personal safety or property, you have the right to use force to subdue the immediate threat. This force must not be greater than the force being used against you, and must only be used to stabilize the situation until it is safe for you to flee. If the facts in your case support the claim that your actions were taken in self defense, your lawyer can use this defense strategy to prove your innocence and clear your name.
In Conclusion
While it is possible to use any of the defenses above even when representing yourself, you are likely to find that it is far more difficult to prove your case without the assistance of a criminal lawyer. Consequently, it will always be in your best interest to retain the services of a qualified lawyer, even if you believe your case clearly qualifies for the use of one or more of the defenses outlined above.
Share30 December 2014
The laws governing child custody and guardianship can be confusing. As a family attorney, I have helped many clients gain legal guardianship over a foster child or a relative's child. Getting legal guardianship of a child you are caring for is important because you need to be able to make decisions about that child's education, health care and other matters. This blog will help you navigate the world of legal guardianship and show you how to take steps to get guardianship over a child whether the child's parents are cooperative or not. Legal guardianship does matter even if a child is not going to be adopted. I hope to help people find the way to get this done.
