Common Defenses Against an Aggravated Assault Charge

April 27, 2020 Posted in Assault

Assault is one of the more common legal cases for people to become involved in. Depending on the nature of the incident, the charges can be raised to aggravated assault, which carries more legal penalties than a simple assault charge. This can result in jail time, fines for damages, or potentially both.

Fortunately, not all aggravated assault charges lead to a conviction for a defendant. With proper legal help, a person wrongfully charged with aggravated assault can prove his/her innocence.

Here are some of the common defenses against an aggravated assault charge.

Self defense

This is a common defense against an aggravated assault charge. If a person is being attacked physically or is being provoked to attack someone through actions such as taunting or bullying, the person can invoke the premise of self-defense to counter the assault charges. The success of such defense is dependent on many factors, including being able to prove the necessity for self-defense and whether the counterattack was proportionate to the graveness of the situation (if the defendant used excessive force).

Irregularities in either search or arrest

Irregularities during an arrest can also be used as grounds to counter a potential aggravated assault charge. As aggravated assaults occur when a potentially deadly weapon is involved, the defense team can counter by showing that such a weapon was actually obtained via an illegal search. Also, irregularities during the arrest or interrogation process, such as violation of your Miranda rights, can be used for defense.

Threat of death

A person that is potentially charged with aggravated assault can also invoke the threat of death to justify using force against another person. In this situation, the defense should be able to prove that there was grave threat to the defendant or someone else, leading to the defendant to use force to neutralize the threat. The defendant should be able to prove in court that they threatened or used potentially deadly physical force because there was an imminent threat of them (or someone else) being killed.

Given the potential legal consequences of an aggravated assault charge, it is important for a defendant to obtain appropriate legal services to defend themselves. If you are in need of a criminal lawyer to help you with an aggravated assault charge, you can visit us here at Gary L. Rohlwing DUI and Criminal Lawyers. With years of experience in the industry and thousands of cases resolved, we can help you with your legal issues. Call us now or visit our website to learn more about our services!