Many people facing criminal charges try to fight the allegations either by proving no crime occurred or that they weren’t involved in one that did. Those facing assault charges risk having a permanent record of a violent crime if they plead guilty.
Occasionally, the state has witness statements, security camera footage or forensic evidence directly tying an individual to a physical altercation. The state might pursue assault charges against the person accused of instigating the situation. In those scenarios, the defense options available may dwindle.
Even if they can’t claim that someone else was the party involved in an assault, the person accused still has options available for defending against those allegations. People accused of assault can sometimes avoid convictions by claiming that they acted in self-defense.
People have the right to protect themselves and others
The use of physical force against another person is sometimes lawful. For example, those who enjoy boxing as a hobby engage in mutual combat in a controlled environment without criminal intent. Their physical combat does not put either party at risk of prosecution in most scenarios.
In scenarios where the physical force is not a case of mutual combat but rather an attempt to avoid criminal activity, the party accused may be able to claim that they acted in self-defense. State statutes explicitly extend the right to defend against criminal activity that endangers an individual’s physical safety or their property. They also have the legal right to defend a third party if they encounter a significant crime in progress.
It is not an act of assault to strike a person who has already initiated violent physical contact with another person. So long as the party acting in self-defense did not instigate the situation and did not use an unreasonable amount of force, they can defend themselves against the criminal intentions of another.
In fact, in most cases, there may not be a duty to retreat before using physical force. Provided that someone is in a place they have legal permission to be, they can defend themselves, their property or other people without first trying to leave the situation to avoid a confrontation. Claims of self-defense require an understanding of both assault laws and court precedent.
Discussing the situation that led to a violent confrontation and assault charges with a skilled legal team can help a defendant determine what defense strategies might work in their circumstances. Self-defense and other affirmative defense strategies can help some defendants avoid criminal convictions.