Being arrested for suspicion of assault does not mean that you're guilty. Sometimes, the law enforcers arrest suspects on a mere allegation. Unfortunately, your accuser could have given untrue information, or perhaps you assaulted them unintentionally. You may want to fight the accusations and clear your name in such situations. An assault lawyer can help you avoid a severe punishment or penalty if you're charged in court. This article looks at some of the strategies your lawyer may use to overturn your charges.
Prove That You Were Defending Yourself
One of your lawyer's defenses is to argue that your assault was justified. That means your accuser acted violently or made threats of violence towards you, which provoked you to injure them. In this case, your attorney has to provide information showing that you did not initiate violence.
Besides that, your lawyer can argue that you used minimum force when defending yourself, which indicates that the assault was not intentional. For example, you may have only pushed the plaintiff after they pushed you, and this was a way of shielding yourself against further violence.
Claim That You Were Defending another Person
In addition to self-defense, the law also gives you the right to defend another party against a violent person. Therefore, the judge might drop your charges if you hit or injured the plaintiff as you tried to prevent them from injuring another person. In this case, your attorney will get witnesses who saw what happened to testify for you in court. They will give an account of the events, confirming that you only reacted when it became necessary. A successful defense can help you get a lesser punishment, such as a fine instead of a jail sentence.
Argue That You Were Defending Your Property
No one has a right to enter your house without your permission. Therefore, you can use force to defend your property. Your lawyer could use this legal provision to fight for you in an assault case. For example, they'll ensure that you do not get behind bars if you attack a burglar for invading your home. This argument could give the judge a solid reason to set you free.
An assault charge is a serious offense. Moreover, navigating it without the assistance of a lawyer can be stressful. Your attorney will first undertake a legal review of your case before deciding the defenses to use. They may raise the arguments above and any other defenses to help you overcome your assault charges.
For more information, contact an assault attorney in your area.