After an arrest for assault, you might feel as though you have no defense against the charges. Even clear evidence that you struck the other party is not a guaranteed conviction. In fact, there are many ways to defend yourself against an assault charge, even if you did it.
Consider the circumstances to find a reasonable defense.
Self-defense claim
Self-defense is one of the most common defenses against assault. Can you prove that the other individual posed a direct threat to your safety and well-being? If you have video or eyewitnesses proving that the other party threatened you, claim self-defense.
Good samaritan defense
Some assault cases arise when you try to protect someone else. If you intervened to protect someone else from assault, consider the good samaritan defense. This is particularly beneficial if you intervened to stop a domestic dispute or sexual assault. You may need testimony from the person you protected as well as any witnesses.
Protection of property
When someone breaks into your car or home, you can defend your property. Whether the intruder is targeting you or planning a theft, an assault is defensible as protection of property. You can only use the level of force absolutely necessary to protect your property. Be mindful of your actions and stay within the confines of the law.
Assault charges are not slam-dunk cases, even when you can claim that you protected yourself, someone else or your property. Consider the details of the situation and what you can prove in court.