Defending against an assault charge

On Behalf of | Jun 29, 2023 | Federal Criminal Charges |

If a person is charged with assault, it can carry serious penalties including fines and imprisonment. However, there are potential defenses to consider.

Assault overview

Assault is the intentional act of causing physical injury or threatening bodily harm to another person. There are several elements the prosecution must prove to find a person guilty of assault.

It must prove that the act was intentional. This means that it was deliberate and the person was aware of the potential consequences of their actions.

Also, the defendant’s actions must have either led to physical injury or created a reasonable fear of imminent bodily harm to another person. The physical injuries do not have to cause severe harm. Injuries can include minor cuts and bruises.

Potential defenses

Several defenses may be available, depending on the circumstances of the case. If the person who is accused of assault acted in self-defense, that may be considered as a potential defense. However, the force the accused person used must have been reasonable and proportionate to the threat.

In addition, if the accused person reasonably believed another person was in immediate danger, they can argue that they acted in defense of others.

If the alleged victim consented to the action that may be a defense. Also, if the accused person can show that they did not have intent to cause harm or were unaware of the consequences of their actions that may also be used as a defense.

If the accused person can prove that they were not present when the assault occurred, they may use an alibi defense. These are only some examples of defenses that may be available.