6 Tips To Defend Yourself Against Aggravated Assault Charges
An aggravated assault is an act of felony wherein the attacker has inflicted bodily harm to the victim. This severe or aggravated injury element sets this criminal charge apart from simple assault. Another element is the use of a deadly weapon. If you’re in a situation where you need to defend yourself against such an accusation, we got you covered. From proving self-defence to hiring a reputable aggravated assault lawyer, here are six tips to help you out.
State and prove that it’s an act of self-defence. The most common defence strategy for this case involves the act of self-defence. In here, you have to present proof that the victim was the one who prompted them to act (i.e. It was the one injured that used force or caused harm first); that you have reasonable fear; and that there’s no easy escape so you’re left to defend yourself. The tricky part here, however, is that for self-defence to be valid, it has to be commensurate to the threat posed by the other party, which can be subjective and interpreted in various ways.
Or you’re acting in defence of another person or property. Another strategy that an aggravated assault lawyer uses is the defence of others. This is similar to the first item, but the one that you’re trying to defend is another person — instead of yourself. The defence of a property can also be used as an argument. For instance, the one who was injured illegally invaded your property and you assaulted him — whether accidentally or not — to protect it.
Try the consent defence route. If the victim consented to take part in an activity, which has caused them to be assaulted, then they cannot accuse someone else of the injury that they had. Nonetheless, this is a challenging route to take because you may still be punished to some degree if the act of felony exceeds what was initially permitted.
Search for witnesses. No matter which defence strategy you choose, the important thing is to gather proof. If there are eyewitnesses, especially, you have to gather testimonies from them in support of your argument. You should also look for footage (e.g. From CCTVs) that can support your defence strategy.
Evaluate your constitutional rights. You should also consider looking into the way you were arrested or things have played out. For instance, if the deadly weapon you were accused of using was obtained through an illegal search, your attorney can use it. You should also bring up situations like if you were not read your Miranda rights when you were being interrogated and arrested.
Seek representation from an aggravated assault lawyer. Winning an aggravated assault charge is challenging, but not entirely impossible. This is why you have to be wise and meticulous when choosing the lawyer who will represent you. They must specialize in this field and has had relevant experiences. Both of you must also work in synergy to arrive at the best possible outcome for your case. Take note that just because you’re accused, you’re already guilty. You must tap someone competent enough to help you overcome this difficult situation in your life.