Two Defense Options For Assault Even If You Did It
If you're facing assault charges, it's in your best interest to talk with a criminal lawyer right away. He or she can evaluate your case and help you determine your most effective option for defense. If there is clear evidence that shows that you committed the assault, you're not going to be able to go into court trying to claim that you are innocent. Working with a criminal lawyer will help you build a solid, reasonable defense. Here's a look at some of the things he or she may consider.
Were You Protecting Yourself or Your Family?
Self-defense is a popular defense option for assault charges. If the incident happened because you were afraid for your safety or the safety of your family, you may have a valid defense. In order for you to claim self-defense in court, you're going to need to have some evidence of it. You'll have to be able to prove that the other party was the aggressor and that your actions were in direct response to that because you needed to protect yourself. If there were any witnesses who saw the other person attack you or threaten you, they can help to prove your case and show that the assault may have been justified.
The biggest thing to remember about claiming self-defense in an assault case is that it's only a viable option if your response to the other party isn't significantly more aggressive or forceful than the actions that you were trying to protect yourself against. For example, if someone is verbally threatening you or assaults you with a closed fist, retaliating with a baseball bat or other weapon may be considered excessive and beyond self-defense.
Were You Cognitively Impaired?
Cognitive impairment can occur as a result of many things, from psychological conditions to alcohol or drug consumption. If you were drugged without your consent, this may be considered an acceptable defense in court. You'll need lab tests that show the presence of the drug in your system and your attorney will need to provide reasonable evidence that you wouldn't have consumed the drugs willingly.
If you have a medical condition that can affect your cognitive function, you may be able to claim impairment from that. As an example, a diabetic who is going into insulin shock or suffering from severely low blood sugar may commit assault due to a lack of cognitive understanding of the situation. Your defense attorney will probably ask about your general health and any medical conditions that could have affected the situation.
As you can see, even if you did commit assault, that doesn't mean you have no defense options. Talk with an attorney like Cross, LaCross, & Murphy PLLC today to see what options are available to you.