Make A Great Impression In The Courtroom

Make A Great Impression In The Courtroom

Assault Charge Defense: Two Options You Can Consider

by Richard Ramirez

If you've been involved in an altercation of any kind and now face an assault charge, you'll want to retain an attorney right away. A criminal defense attorney can help you to present your case and potentially help you get the charges dismissed or at least justify your actions. This is particularly important when there is sufficient physical evidence, such as video tape of the incident, because you cannot claim innocence at that point. Here are a couple of ways to address these charges in this situation.

Were you unable to properly reason in the situation?

Whether you've been diagnosed with something that affects your brain function or you were unknowingly under the influence of drugs or alcohol at the time, you may have a defense on those grounds. For example, if you can prove that someone drugged you without your knowledge before the incident occurred, you may not be liable for the assault.

Another impairment to consider is that caused by any kind of chronic illness. As an example, for those with diabetes, severe low blood sugar can lead to disorientation, an inability to reason, and a lack of awareness. Your defense attorney may be able to claim something like this if you have documentation that you were affected by a chronic condition that led to the assault.

Were you afraid for your own safety?

If you had reason to fear for your own safety, or even that of your family, you may be able to claim that as a viable defense. You'll be admitting to the assault, but you will be claiming that you only did it in an effort to protect yourself or those close to you. The thing to keep in mind with a defense like this, though, is that you can only claim it if the other person was the initial aggressor and you have witnesses who can support that. In addition, you'll also have to be able to show that your response to the other party was not more aggressive or forceful than what you were protecting yourself against. For example, self-defense isn't typically viable if the individual was completely unarmed and you responded to their advances with a weapon, such as a bat or a firearm.

These are two of the most common approaches to defending yourself against an assault charge when you can't plead not guilty. Talk with an attorney like Kalasnik Law Office to find out if either of these may be a viable option in your case.


About Me

Make A Great Impression In The Courtroom

Hello, I'm Phillip Kerr and I just love the legal profession and courtroom drama. Have you ever watched judge shows on TV? I know that these shows are not an accurate representation of the courtroom, but there is something you may have noticed. Some individuals come into the courtroom well-dressed, articulate, respectful and with the knowledge and documents necessary to support a case, while others come unprepared, slovenly dressed and appear as if they do not have a care in the world. How you present yourself and the knowledge that you have of the law will have an impact on how you are treated, even if you have legal representation. This blog is designed to assist those who are going to trial in doing just that.