2 Potential Defences To Aggravated Assault That Stand Up In Court And 2 That Don’t
Defending against aggravated assault, as with any criminal accusation, is rarely straightforward. However, there are approaches which have a higher likelihood of succeeding, as well as those that won’t hold water under scrutiny.
Defences that can go the distance
In a large proportion of aggravated assault cases, self-defence is seen as a staple stance for the accused and his or her legal team to take.
Claiming self-defence means that the burden of proof lies with the prosecutors, as they must demonstrate that the defendant is indeed the instigator, rather than in fact being the victim of an assault from the plaintiff.
If you can show that the other party struck the first blow, this is fairly conclusive proof that any retaliation you made was indeed self-defence.
Another defence option that can make waves is arguing that the assault occurred accidentally. That way you’re not denying the accused individual’s involvement, but rather claiming that they did not deliberately perpetrate the act in question.
Intent is key in all assault cases, and it may be arguable that even an aggravated assault was accidental, so long as there is sufficient evidence and testimony to support this.
Why you need an expert lawyer to defend an aggravated assault charge
There’s no point taking chances with aggravated assault, as it’s a felony that must be dealt with by a professional attorney or legal team, rather than fought by an amateur.
Those with the experience and training in matters of defending aggravated assault charges are perfectly positioned to pick an approach which will work out more often than not. With that said, let’s delve into the tactics that you should avoid if possible.
Defences that will crumble quickly rather than enduring
You might think that if the assault was consensual, then the plaintiff won’t have a leg to stand on in the courtroom.
In reality, even if the individual actually asked you to do physical harm to them, this is still classified as a crime in most places, and so won’t work as a defence.
This makes sense, of course, because it means that people can’t be coerced into giving verbal consent for a physical attack, and you can’t escape punishment if you take a playful request too far in the case that the victim decides to press charges against you. It’s a topic that’s as tricky as consent consumers give to companies.
You might also be tempted to argue for total innocence, denying playing a part in the aggravated assault incident that you’ve been accused of. Again, this is not a stance that will bring you the results you want if there is any evidence that proves your guilt beyond a reasonable doubt.
Even if the assault was accidental or partially consensual, there’s no point sticking to your guns and claiming innocence if you know that the prosecution can quickly show that you were indeed involved.
Final thoughts on fighting aggravated assault charges in court
Aggravated assault is treated as a felony crime in plenty of places, which means punishments can include several years behind bars, in addition to large fines and other penalties.
This is a good enough reason on its own to hire legal experts and put together a watertight defence, rather than taking a riskier strategy before judge and jury. There’s no point toying with fate when there’s a safer path to quashing accusations and restoring your dignity, whatever role you played in the incident itself.
