At the restaurant table next to yours was a group of loud people sharing opinions on anything and everything no matter how mundane or controversial. One person from the group made a comment directed at you, and you tried to ignore it.
But when that individual stood up, walked over to you and got inches from your face — making a point to ensure that you hear him, you felt threatened. He was so close that the spittle hit your cheek. Soon after, the situation escalated with the two of you shoving each other. He threw punches and so did you. The other guy wound up injured on the floor. An assault charge comes your way. This is not a good situation to be in.
Self-defense, justifiable actions
Obviously, you did not want matters like this to surface. As a result, you face incarceration, probation, fines, restitution and, potentially, a civil lawsuit. In situations involving an assault charge, certain legal strategies may play a role in your defense. Here are some of them:
- Self-defense: The aggressor initiated the incident and intended to hurt you. He would have accomplished his goal if you had not defended yourself.
- Coming to the defense of another person: Helping someone who feels threatened by another represents another crucial defense. You were being more than a good Samaritan.
- Your actions were justifiable: With ties to self-defense, a justifiable action emerges because you feared for your life. If you failed to act, you would be victimized and, perhaps, seriously injured.
- Acting while under duress: Cornered, you were forced to make a quick decision: commit an unlawful act in order to protect yourself and not become the victim of a violent attack.
- Unintended results: You had not intended to harm the other individual.
There is no doubt that you face significant obstacles when defending yourself against an assault charge. Witnesses and evidence will support your claims and so will a persuasive argument.