One of the most common defenses that a defendant who is being charged with assault can use is the self-defense argument. Your assault attorney might recommend that you use this argument to defend yourself against assault charges that you are facing.
Understanding what your attorney needs to prove to fight assault charges can help you provide your attorney with the information they need to defend you successfully. The following are six things your attorney must prove to win against assault charges by claiming self-defense.
The defendant was facing the threat of harm.
The attorney needs to prove that there was some threat against which the defendant was defending themself. This means that the supposed victim in the incident needs to have been menacing the defendant in some way.
The defendant was reasonably in fear.
The attorney needs to show that the defendant had reason to be in fear. It's important to show that the defendant showed not only aggression but also fear and concern.
The defendant did not provoke the threat.
If the defendant was the instigator in the situation, the self-defense argument will be more difficult to prove. The cause of the conflict and the threat is an important factor when it comes to the self-defense argument.
If the supposed victim can be clearly shown to have started the conflict, the self-defense argument is easier to prove.
The defendant was unable to easily escape the threat without using force.
It can be difficult to win against assault charges with the self-defense argument if the defendant could easily have gotten out of the situation without the use of force. The attorney needs to be able to show that using force was necessary for the defendant in the incident.
The amount of force the defendant used was reasonable for the situation.
The amount of force that the defendant used is another important factor in the incident. The attorney needs to show that the amount of force used was reasonable. Unfortunately, this factor can be subjective and more challenging for the attorney to prove.
There is adequate evidence of the above-mentioned statements.
If you are facing assault charges, consider any evidence available to you and your attorney that can prove the above-mentioned statements in your case.
When it comes to assault charges, witness testimony is one of the most common forms of evidence. However, proof that you experienced physical injury caused by the supposed victim is also helpful in proving that you were facing a threat and clear danger.
For more information on assault charges, contact an assault attorney near you.
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