When you’ve been accused of assault, it’s important not to assume the judge will automatically believe your side of the story.
Below, we’ll discuss four possible defenses to your assault charges. Keep in mind that the defense strategy available to you hinges on the circumstances surrounding what happened. An attorney can help you determine which defense argument is most likely to lead to the best outcome for you.
One of the most common defenses to assault charges is self-defense. This valid defense strategy argues that you only assaulted the other person to protect yourself. If you’re hoping to use this strategy, then be prepared to prove:
- You were threatened with unlawful force by the attacker
- You had a reasonable basis to believe the person would carry out the threat
- You did not provoke or harm the attacker prior to the incident
- You had no other legal recourse at the time (such as calling for security)
In general, you’re only legally permitted to use the same amount of force as the attacker. For example, it would be considered unreasonable to use a lethal weapon against someone who spits at you.
2. Defense of Property
Similarly, you can argue that you assaulted the other person while defending your property. If your property was being illegally withheld, then you might be able to use this defense. Keep in mind that you’ll only be able to use this defense when your use of force was reasonable.
While rare, you may be able to argue that the other person consented to the assault. If you and the other person were in a fight club, for example, then it’s possible you could use this strategy. Your criminal defense attorney will be able to conduct an investigation into whether or not there was consent involved.
4. Mistake of Fact
Finally, you may argue that there’s a mistake of fact regarding your charge. If you never committed the offense or you thought you were acting in self-defense, then this strategy might work for you.
Contact an Experienced Hamilton Criminal Defense Lawyer About Your Assault and Battery Charges in Hamilton
Were you arrested or charged with assault and battery in New Jersey? The consequences of a conviction could be severe, leaving you with a permanent criminal record and possibly even sending you to jail. That is why you need to speak with a qualified criminal defense attorney as soon as possible about your case. The attorneys at Aydelotte & Scardella LLC have successfully represented clients charged with assault and battery in Mercer County, Camden County, Burlington County, and throughout New Jersey. Call 856-452-4820 or fill out the online contact form to schedule a consultation with a member of our legal team. We have an office conveniently located at 2653 Nottingham Way STE 1, Hamilton, NJ 08619 as well as offices located in Audubon.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.