Assault is a violent crime involving the intentional or reckless putting of another person in fear of being physically harmed. Depending on the result of the attack and any injury that is suffered, the charge can range from an “A” misdemeanor to a felony.
To be charged with assault, the prosecution must prove that the defendant committed an act that caused a victim to apprehend imminent harmful or offensive contact. This contact must also be considered to be offensive by prevailing social standards. In many jurisdictions, the definition of “harmful or offensive” is so broad that even a harmless gesture may be considered to be assault. This is why it is important to understand the laws in your jurisdiction before deciding whether an argument of self-defense or defense of others is a good strategy for defending yourself from assault charges.
Insufficient Evidence
In some cases, the lack of sufficient evidence will cause an assault case to be dismissed. Your attorney can work to highlight inconsistencies in the testimony of witnesses and/or any other issues that weaken the prosecution’s case.
Self-Defense
Demonstrating that you acted in self-defense is an effective way to get assault charges dropped. This is especially true if the assault occurred in an area where your life was threatened and you defended yourself to prevent further harm from occurring. In some instances, this argument can even lead to a reduction in the severity of the charge from a felony to a misdemeanor.
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