If you find yourself facing charges for assault, you'll want to talk with a criminal defense attorney about the best approach to your legal defense. If the prosecution has solid evidence that you committed the crime, you probably can't go into court trying to claim that you didn't do it. Instead, you'll want to create a reasonable defense that justifies what happened. Here are some defense ideas your attorney may consider.
You Were Protecting Yourself or Your Loved Ones
One of the most common defenses often chosen for people facing assault charges is self-defense. Whether you feared for your own safety or that of your loved ones, it can be a valid defense. If you do opt for this defense, you're admitting that you did commit the crime, but you only did so in an effort to protect yourself and your loved ones from an imminent threat of harm.
To claim this as a defense, you have to show that the other individual was the aggressor initially and you only reacted because you felt that your safety was threatened. It's best if you have witnesses who saw the individual come after you. This will help you to show that your actions were justified as a result of the situation.
Just remember that the only way this type of defense is successful is if your actions weren't significantly more forceful than those actions you were protecting yourself against. For example, if someone swings at you with a closed fist, using a firearm in defense may be considered excessive force.
You Suffered a Cognitive Impairment
Cognitive impairment isn't limited to psychological disabilities. You can claim a cognitive impairment for many reasons, including the use of drugs or alcohol. If you can show evidence that you were drugged without your knowledge, it could be considered a reasonable defense.
You may even be able to claim impairment without being under the influence of a substance. If you've been diagnosed with a chronic disease of any kind, the effects of the disease may be considered a viable defense. For example, if you're diabetic, having a severely low blood sugar can cause you to feel disoriented and incapable of reasonable thought. This is often considered as a viable medical defense, particularly if you can support it with testimony from your medical care provider.
There are many ways that you can defend yourself against assault charges even if you're not able to say that you didn't do it. Talk with a defense attorney like Novak Lee Atty At Law about what options are best for you as you build your case.
Share5 August 2015
Like many other people, I admire the important tasks lawyers take on every day. I’m amazed at how knowledgeable general attorneys are about a variety of subjects. These professionals can accomplish many complicated jobs seamlessly, such as representing a client in a civil lawsuit, assisting a business with a merger, and acting on a client’s behalf in a medical malpractice lawsuit. Besides creating detailed legal briefs, they must argue their clients’ cases in court in front of a judge, jurors, and others. On this blog, I hope you will discover how crucial general attorneys are to this country’s legal system.