Assault is a crime involving the intentional act or threat to harm another person. It can be either a misdemeanor or felony offense depending on the severity of the case. Penalties may include jail or prison, probation, fines or a combination of these. Additionally, a conviction can lead to significant consequences for a defendant’s career and personal life. For this reason, it’s important to fight the charges against you with a skilled attorney.
To be convicted of assault, the prosecutor must prove all of the elements of the charge beyond a reasonable doubt. This is a very difficult burden to meet. However, there are some common defenses to assault charges that your attorney can use to help you win the case.
The intent element of assault is a critical component in any case. The victim must believe that the tortfeasor will cause a harmful or offensive contact that is imminent. The victim must also perceive that the contact will be substantial or serious, not just trivial or transient.
Actual bodily injury (ABH) is the other crucial aspect of an assault case. This means that the assault must actually cause physical injuries such as bruises or pain to the victim. The physical injuries must be more than trifling and must not just be psychological damage or fear.
Another common defense to assault charges is self-defense. This can be an effective argument if you can show that you were protecting yourself from immediate harm or that your actions were a necessary response to an attack on your property.