How to Defend Yourself against Assault Charges

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detrichpix

Assault, according to our judicial system, occurs when an individual intentionally uses force to control another person in a situation where the other person has not consented. Assault can occur in a number of different manners, including simply touching someone, pushing them out of the way, harming them indirectly by throwing objects, or even spitting on a person. Even threatening to use force against someone, regardless of whether you carry out the act, is considered assault. An individual who is claiming to have been assaulted does not need to be injured in the process to prove his case.

So what if you’ve been accused of assaulting an individual? The first thing you’ll want to do is contact a lawyer and help him to prepare your defense. Even if you don’t have a lawyer there are certain things you’ll need to prove in court. They are as follows:

Prove Your Lack of Intent

The prosecution’s job will be to prove that you had intent – that you purposely and knowingly committed the assault. But what if, for example, you were at a concert and a fight broke out behind you. The fight moved across the field and you were shoved and indirectly fell onto another person. That person is now charging you with assault even though your fall was an accident. The details of this event are crucial to your case as they prove that you did not have any intention of assaulting the person accusing you.

Prove Self-Defense

What if you’re sitting at a bar and a guy who has obviously had a bit too much to drink decides that you’re looking at him funny. He approaches you and starts a physical altercation during which you fight back in order to defend yourself. You didn’t start the fight but all of the sudden the instigator is pressing assault charges against you. You’ll need to prove that a) you played no part in starting the altercation and b) that you used reasonable force to stop the altercation and removed yourself from the situation as soon as possible. You may need witnesses to testify on your behalf.

Prove Mutual Consent

Mutual consent fighting is ridiculous but what if, by chance, you were arguing a person and you both agreed to go outside and settle it with a fight. If you both consented to a fist fight and a fist fight is exactly what occurred than neither of you can accuse the other of assault. If you went outside for an agreed upon fist fight and pulled a knife on the other guy than he can indeed accuse you of assault because the fight was not what he agreed to.

Prove You Were Defending Your Property

In many cases we find that the criminal is suddenly claiming to be the victim. A burglar attempting to steal a car gets injured by the person he is burglarizing and tries to file assault charges, for example. If you used reasonable force to save your property than you have a defense. If you continue to attack someone who is trying to retreat (or, say, run him over with the car he just tried to steal as he attempts to escape) even after you have recovered your property than you may be crossing the line.

Once you know what type of defense you need to prove you’ll have to work closely with your criminal attorney to determine what evidence or witnesses you need to gather before your trial. If you truly acted in self-defense or without intent you should have no trouble proving your case and having the charges dropped.

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9 comments

Carol 6 years ago

I was recently at a concert where 3 intoxicated women attacked me and knocked me to the ground. I fought back and i was the only one ejected from the concert. It was CLEARLY a self defense reaction and I was written in an incident report. I was not given any indication that I was charged with a crime or given any copies of any paper work. Does this mean I was not charged with a crime? Or should I expect something to show up later that I am currently unaware of?


JT 6 years ago

Like it says above, you'd need to prove you used reasonable forcr to remove yourself from the situation. Witnesses are key in this. No witnesses equals a "he said, she said" type situation where nothing can be proved.


alexis 5 years ago

i recently had an altercation with an 18 year old male and im also 18 but he is 6'2'' about 250 pounds and im a 5'5'' weighing only 120 pounds female and before the altrcation i grabbed a pair of scissors to keep him from getting closer but he came closer anyways and got in my face we were in school and they said i cut him when i know for a fact i didn't we did end up fightin but i dropped the scissors the actual fight was not that serious but the way they have it on paper makes me sound horrible im charged with assualt and battery 1st degree. so what kind of punishment am i facing if my lawyer does their job? and if they don't?


TOMMY 4 years ago

MY GIRLFRIEND EX-BOYFRIEND HAD THREATING HER AND ME TO HURT US BOTH. THAT WAS ON DECEMBER. ABOUT TWO WEEKS AGO I WENT TO PICK UP MY GIRL FROM WORK BECAUSE SHE WORKS ABOUT ONE BLOCK AWAY FROM WHERE I LIVE. SO I WENT TO PICK HER UP AND HER EX SAW US GETTING OUT OF THE PLACE SO WE WENT AROUND THE CORNER AND CONFRONT US IN FRONT OF MY HOUSE. HE CROSSED HIS CAR IN FRONT OF US. THEN HE GOT OUT THE CAR AND PULLED MY GIRLFRIEND'S HAIR. I TRIED TO HELP HER AND HE PUNCHED ME SO I DEFENDED MYSELF CUZ HE WOULDN'T STOP. HE GOT REALLY INJURED. SO WHEN THE POLICY ARRIVE HE PRESSED CHARGES SAYIN THAT I ASSAULTED HIM. I NEED HELP I DON'T HAVE MONEY IM GOING TO BE VERY HONEST BUT IF THERE'S ANYBODY THAT CAN HELP ME WITH AN ADVICE OR REALLY GOOD ATTORNEY THAT CAN DO A HUMANITARY WORK. I WOULD REALLY APPRECIATE IT.


xxxViciouS 4 years ago

my partner and i had an altercation where we both consent to the fight but two individuals became involved and were involved in illegal activity so ran when my partner and i began to fight. they ran to another location and phoned the police and by the time they had arrived my partner and i were calm and hanging out. but because they took my word for not being intoxicated he went to jail for assault when i didn't pressed charges. what can we do to fight this so neither of us are charged


diane 4 years ago

I have a person who is cousing problems in my marriage she was told to stay way from my family,she is calling me a hore and she showed up at the hospilt were my huban is getting surgury she made commits to our friends about me and I lost my temper and soved her into a wall.it was her calling me names as she was walking away that made me lose control and her sniking up to hospilt were she had no right to be.


Jane 4 years ago

I attacked my husband and he spit on me to stop the attack, I called police and he was charged for assault.He didn't say a word,so they removed him from the house.He sent me divorce papers and I am really angry!


gary 2 years ago

someone push me then raised their hands to hit i defended myself by hitting them this was all seen on cctv I'm being charge for assault and yet no charges are being made to the third party I'm 59 the other person who was high on drugs at the time 27 great british justice


sue 21 months ago

i was walking home in the rain and this hobo came up out of the shadows and punched me and said he want my wallet. i punched him in the face and ran but someone got it on their cell phone camera--only the part where i punched him. now IM getting sued for 'bumfights' or something. he got a lawyer pro bono. now im in jail i got nothin man. it also turned out he was a rich guy in disuise and not a hobo. man he smokes to omuch drugs

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