Did you know that in most states, you don’t even have to actually strike a person to be charged with the crime of assault? In most instances, just the act of threatening someone or to put them in immediate fear of being hit is enough to meet the standard for being charged.
A more serious charge of aggravated assault may take place when a person attempts to seriously injure another, or they cause an injury through the use of a deadly weapon. In addition to facing criminal charges, if you commit assault, you may also be facing civil penalties as well, as you could be sued by a person who suffers an injury based on your actions.
While the crime of simple assault may seem straightforward to some people, an assault case is rarely, if ever, quite so simple. That’s why no matter how small the crime appears to be, it just makes good sense to retain the services of a seasoned assault lawyer.
A lawyer may be able to employ several possible defenses on your behalf, depending on the circumstances of your case.
Some of the more common defenses of an assault case are:
Self defense. To be able to use this as a defense strategy, it must be shown that a person perceived that there was a threat of harm against them, and that it was real and justified, and that they did not provoke their attacker nor did they have a reasonable chance of escaping the situation.
Defending others. The same standards apply as in a straight self defense situation, except that your actions are in defense of another person instead of yourself.
Defending your property. If someone illegally invades your property, you may be able to claim that you used a reasonable amount of force to defend your home and, in some cases, your personal property.
Cates & Garvey Law Group proudly serves clients in Phoenix, Tempe, Glendale, Scottsdale, Mesa and surrounding Arizona communities