How can a lawyer defend against assault charges?

Defending Against Assault Charges – A Lawyer’s Guide

Being charged with assault can be scary. Even if you feel the charges against you are unfair or untrue, proving that in court can be an uphill battle. As a defendant, the odds feel stacked against you — but with the right legal strategy and defense, your lawyer can get the charges dropped or reduced, or even win an acquittal at trial.

Here’s an overview of common defenses lawyers use against assault allegations, and how an experienced criminal defense attorney can defend you.

What is Assault?

Legally speaking, assault usually means intentionally or recklessly causing injury or offensive physical contact with another person. Common types of assault charges include:

• Simple assault – attempting to cause injury without a weapon
• Aggravated assault – attempting to cause severe injury with a weapon or dangerous object
• Assault and battery – causing injury through unwanted physical contact
• Domestic violence – assault against a spouse, partner, or family member

Penalties vary by state but can include hefty fines, probation, anger management classes, and years in prison. That’s why building an effective legal defense is so important.

Self-Defense

One of the most common defenses against assault charges is self-defense – arguing that your actions were necessary to protect yourself from harm. The key is showing that you faced an imminent threat, and used an appropriate level of force to neutralize it. There are a few issues to consider:

• Imminent threat – You must prove you were in immediate physical danger based on words or actions by the other person. Yelling threats from across the room may not be enough.
• Reasonable force – You can only use the minimum force needed to protect yourself. Shooting someone who shoves you would likely be excessive.
• Duty to retreat – Some states require you to retreat or escape the situation if possible before claiming self-defense.

It also helps if you have evidence of the threat you faced – such as hostile texts and emails, witnesses who saw the confrontation, or photos of your injuries. A lawyer can argue that you acted instinctively in the heat of the moment to protect yourself.

Lack of Intent

Prosecutors must prove you intended to cause harm or offend someone to convict you of assault. Your attorney may argue you acted without such intent – for example:

• It was an accident – you tripped and fell into someone, or a tool slipped from your hand
• Consensual contact – you were horsing around with a friend who then claimed assault
• Mistaken identity – you thought you were being attacked by someone else

While assault charges don’t require premeditation, you must have intended offensive or harmful contact. Your lawyer may claim there’s reasonable doubt you acted with intent.

Mental Illness

Struggling with mental illness can sometimes lead to erratic or violent behavior. Your lawyer may argue that an underlying psychological issue – such as schizophrenia, PTSD, or a traumatic brain injury – impacted your actions. This isn’t an excuse, but it may provide context that you weren’t fully in control.

To pursue this defense, your attorney will likely have you evaluated by a psychologist to document your condition. Medical records related to your illness would also help. The goal is showing you need treatment, not criminal punishment.

False Accusations

In some cases, the alleged victim fabricated the assault charges against you out of malice, or mental illness of their own. While false allegations are hard to prove, if your attorney can show the person has lied about other things or has reason to want you prosecuted, they may be able to undermine their credibility.

Your lawyer may look for inconsistencies in the accuser’s statements, seek witnesses who contradict their claims, or provide records showing you couldn’t have committed the alleged assault. Proving they’re lying is an uphill battle, but skilled cross-examination can sometimes reveal fabricated allegations.

Negotiating With the Prosecutor

Rather than go to trial, your attorney may be able to negotiate with the prosecutor to get charges reduced or even dismissed. Many factors influence the prosecutor’s willingness to make a deal, including:

• Your criminal record – if you have no history of violence, they may agree to a lesser charge
• Evidence issues – they may worry about losing at trial if the evidence is weak
• Mitigating circumstances – mental illness or self-defense claims could convince them to show leniency
• Victim cooperation – if the victim is unwilling to testify, the case falls apart

A skilled lawyer negotiates firmly but respectfully with prosecutors, highlighting weaknesses in their case and reasons why a deal makes sense. This can sometimes lead to charges being dropped or reduced significantly.

Getting Charges Dismissed

There are various procedural grounds on which an attorney can seek to get assault charges dismissed before trial, such as:

• Illegal arrest – if police lacked probable cause or a warrant to arrest you
• Miranda violations – if police questioned you without reading you your rights
• Invalid identification – if the victim incorrectly identified you as the assailant
• Entrapment – if police induced you to commit assault

While judges are hesitant to dismiss charges pre-trial, your lawyer may convince them the case is fatally flawed and shouldn’t proceed further. This spares you the risk and stress of trial.

Taking Your Case to Trial

If prosecutors won’t dismiss or reduce charges, your attorney’s job becomes convincing a judge or jury that reasonable doubt exists. They will hammer on weaknesses in the prosecutor’s case while presenting evidence and witnesses that support your defense.

Effective trial strategies may include:

• Highlighting contradictions and gaps in the prosecutor’s version of events
• Discrediting the alleged victim through cross-examination
• Calling expert witnesses to bolster your self-defense or mental illness claims
• Presenting evidence the alleged victim has motive to fabricate charges
• Depicting you sympathetically as an upstanding citizen

Skilled defense lawyers leave jurors with plausible reasons to doubt your guilt. If they can create reasonable doubt, the jury should find you not guilty.

Getting Help from an Experienced Lawyer

Don’t go it alone against assault charges – an experienced criminal defense attorney can often get them reduced or dismissed. Look for lawyers with a proven record of acquittals in assault cases. The right legal guidance can save your reputation and freedom.

Facing criminal allegations is scary. But skilled defense lawyers know how to stand up to overzealous prosecutors, highlight weaknesses in their case, and protect your rights. With an attorney on your side, you can fight the charges and move on with your life.

References

Assault and Battery Overview

What is Legal Self Defense?

Diminished Capacity and Insanity Defenses

Getting Free or Low-Cost Criminal Defense Resources