New York courts impose strict penalties on defendants who are convicted of assault. If you are facing these charges – even if you are innocent – it is critical that you take steps to protect your interests.
Darren DeUrso, Attorney at Law is a criminal lawyer in White Plains who has the knowledge and litigation experience to find success in court. He has been practicing law for 25 years.
Depending on the facts of your case, there may be a defense that convinces the courts to reduce your charges or penalties, or to dismiss your case altogether. Call 914-772-8614 to schedule a consultation.
Read on to learn about four possible defenses against assault charges:
According to the National Paralegal College, self-defense is the act of protecting oneself against threatening or violent actions using reasonable force. Self-defense is one of the most common defenses against assault charges; however, it is only effective in certain scenarios.
For example, a defendant claiming self-defense must have used reasonable force in order to dissuade the attacker. In most states, if the defendant used deadly force, he or she must have attempted to retreat to safety before resorting to deadly force in order to claim self-defense.
- Defense of Others
Defense of others is similar to the self-defense approach, but instead of the defendant feeling threatened, he or she must have reasonable grounds for perceived fear of harm coming to another person. The limitations for using this defense are the same as the ones applied to self-defense, and this approach is only effective if the defendant used nothing more than reasonable force on the alleged assault victim.
- Defense of Property
Acting with reasonable force if others are invading or illegally withholding your property may be a valid defense when facing assault charges. This defense typically involves the defendant’s home, and it may not be effective in regard to defending other kinds of personal property.
CNN reminds readers that the proper use of this defense varies among states. Additionally, most states do not recognize it as a defense if the defendant used deadly force, regardless of the circumstances.
One of the less common defenses against assault charges, consent may actually be valid in some cases. For example, if an individual consents to partaking in a specific act voluntarily, then the court may not consider that same act assault and battery.
The court scrutinizes this defense closely and often finds that the alleged harmful actions still violated public policy, even if an individual agreed to partake in them. A criminal attorney might rely on the consent defense when representing a client who is facing sexual assault charges.
If you are facing assault charges, you do not have to fight them alone. Darren DeUrso, Attorney at Law will assess your situation and explain your defense options. Call 914-772-8614 today to discuss your case with a criminal lawyer in White Plains.