State law makes it illegal to intentionally injure another person, touch them offensively or make them fear for their physical safety. People may end up facing assault charges when another person makes accusations against them after an argument. The decision of third parties to contract police during a conflict can also lead to assault charges.
Individuals accused of assault may have engaged in a variety of behaviors that could have injured or intimidated other people. Often, assault charges result from the state having a one-sided perspective of a situation. One person involved in an incident contacts the authorities, and their version of events is what leads to another person facing charges.
Assault charges can lead to many different consequences after a conviction. The accused individual could be sentenced to pay fines, serve probation, or face incarceration. They may also face the stigma of a violent criminal record. Many people accused of assault therefore have a strong incentive to fight the allegations that they face. Can defendants accused of assault offenses defeat their charges by claiming that they acted in self-defense?
State law allows for self-defense
Self-defense claims can potentially be a viable response to different criminal charges. Claims of self-defense are a form of affirmative defense. Instead of trying to prove that someone didn’t commit a certain act, the goal is to prove that there were extenuating circumstances.
Although most forms of interpersonal violence are illegal, self-defense is one of the rare exceptions. Individuals who truly fear for their own safety or believe that a crime is imminent can use physical force to protect themselves. In fact, people have the right to use physical force to protect other people and private property as well.
There are certain scenarios that limit the option of claiming self-defense. The person asserting that they acted in self-defense typically cannot instigate the situation. Trespassing or other criminal activity can also affect the ability of an individual to claim that they acted in self-defense.
Even when claims of self-defense may be reasonable, defendants need to establish that the degree of force that they used was appropriate given how they perceived the situation. Responding to pending assault charges with a claim of self-defense is anything but simple. Defendants hoping to fight their charges may need help developing the best defense strategy possible.