Defenses Against an Assault Charge: Strategies from a Criminal Defense Attorney

Posted on: 21 August 2023

Facing charges of assault can be an intimidating ordeal, carrying the risk of severe repercussions like incarceration, financial penalties, and a tarnished criminal record. However, several defenses can be used in an assault case. This blog post explores some strategies a criminal defense attorney might use to defend against an assault charge.


Self-defense is frequently cited as one of the primary defenses in assault cases. If the defendant was protecting themselves or another person from imminent harm, the act of assault might be justified. To successfully argue self-defense, the attorney must typically show that the defendant had a reasonable fear of harm, there was no opportunity to escape or avoid the situation, and the defendant did not provoke the encounter.

Defense of Property

Similar to self-defense, the defense of property can also be a valid argument. If the defendant was protecting their property from being invaded or illegally withheld, they might have the right to use reasonable force. However, the level of force used should be proportional to the threat posed.


In some cases, the defense may argue that the alleged victim consented to the act, which may occur in situations involving contact sports or other physical activities. If the defense can prove that the victim willingly participated in the act that led to the assault charge, this could result in the charges being dismissed.

Mistaken Identity

Mistaken identity or false accusation is another common defense. The defense attorney might argue that the defendant has been wrongfully identified as the perpetrator or falsely accused due to a misunderstanding, misidentification, or even malice on the part of the accuser.

Insufficient Evidence

An assault charge must be supported by substantial evidence. If the prosecution's evidence is weak, inconsistent, or unreliable, the defense attorney can argue for the case's dismissal. This might encompass scrutinizing the credibility of witnesses, disputing the accuracy of forensic evidence, or emphasizing any discrepancies in the prosecution's narrative.

Mental Incapacity or Intoxication

In some jurisdictions, mental incapacity or intoxication may serve as a defense. However, these are complex arguments that depend heavily on the specific circumstances of the case and the laws of the jurisdiction. Generally, the defense must prove that the defendant was unable to understand their actions or control their behavior at the time of the assault.

While facing an assault charge can be overwhelming, it's important to remember that there are various defenses available. An adept criminal defense attorney possesses the expertise to meticulously assess the particulars of your case, pinpoint the most impactful defense strategy, and passionately advocate for the protection of your rights.


Child Support Enforcement Secrets: What You Should Know

If your ex was ordered to pay child support as part of your divorce settlement, you have every reason to expect it to be paid on time. If he or she isn't meeting that obligation in a timely manner, you do have some enforcement options. Instead of struggling to get by or finding yourself fighting with your ex about getting the payments you're entitled to, you should reach out to a child support attorney who can help you take the case back to court. Your ex will have to show just cause for why he or she isn't paying or the courts will order them to catch up. I created this site to share what I've learned about child support enforcement over the years. I hope it helps you to understand your rights and the options available to you.

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