May 23, 2019
Personal Injury Lawyer
Assault is when a person intentionally threatens or directly inflicts harm against you. Anyone who was arrested and is now awaiting trial over an assault arrest, can rely on the experience of an attorney for protection. Depending on the situation you were in, we can choose a defense strategy that is most appropriate in hopes of at least decreasing your charges if innocence isn’t possible.
An assault charge may be dismissed if the prosecution has insufficient evidence. For instance, perhaps there was no witnesses and the supposed victim didn’t sustain any visible injuries. Without tangible evidence or witness statements, it can be difficult for the prosecution to supply enough reason for the court to convict the accused.
During assault cases, many people assume that the supposed victim had not consented to the physical interaction. Consent can be a useful defense if the victim voluntarily engaged in the situation where he or she knew assault may occur. If assault charges are brought against a person who was playing in a sport, these charges are often dropped because the other player had willingly chosen to participate with a full understanding of the risks.
Lack of Proof for Intent
There must be direct evidence that the accused had intent to harm another, and that he or she did in fact commit each aspect of the crime. Failure to prove that a physical act occurred and/or caused reasonable fear to the victim may result in a dismissal of charges. With help from an attorney, the accused can fight against the charge by claiming there is a lack of proper evidence to convict.
Defending Oneself and/or Property
Every person has the right to defend themselves, their home, and/or their loved ones. But, this doesn’t mean you can inflict harm to any degree against someone who has assaulted you. If someone attacked you or a family member, you are permitted to defend through physical actions if needed. However, if you go beyond what is deemed “reasonable force” you may be faced with an assault charge.
An attorney may suggest using the provocation defense if there is little chance of you walking away with a dismissed charge. Provocation can help lessen the accused’s sentence. For example, the charge may be decreased if it can be shown that intense provocation was an element of the interaction, which led to the accused reacting physically against the instigator.
While insanity is usually a defense option for most accusations, it shouldn’t be used lightly. Claiming that you were insane at the time of the crime and/or during trial can be challenging to present in court. You may need testimonies from your treating therapist or psychiatrist to support insanity claims. Even if your insanity defense is successful, you may have to enter a mental hospital.
Assault is considered a violent crime, and may result in overly harsh punishments by the court. A personal injury lawyer in Minneapolis, Minnesota can advocate for your behalf and can push for a plea deal if being dismissed of charges isn’t possible. Please call today so an attorney can get started.
Thanks to Johnston | Martineau, PLLP for their insight into personal injury and assault injuries.