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How to Defend Yourself Against Assault Charges: Legal Strategies

Facing assault charges is a daunting experience, particularly without a lawyer. You need an experienced assault defense attorney by your side right away, fighting for your rights and future. Call Combs Waterkotte immediately at (314) 900-HELP to schedule a confidential consultation with an expert assault defense lawyer to discuss the specifics of your case.

Whether the situation was a misunderstanding, self-defense, or a result of false accusations, it’s crucial to understand your legal rights and know how to protect yourself effectively. Assault charges can carry severe penalties, including jail time, fines, social stigma, and a permanent criminal record. This is why exploring all available legal defenses and strategies with a knowledgeable attorney could help you either reduce the charges or have them dismissed.

The Combs Waterkotte legal team has over 40 years of experience, successfully handling more than 10,000 cases just like yours. Here are some common legal strategies used by defense attorneys to help fight assault charges:

  • Self-Defense or Defense of Others

One of the most commonly used defenses in assault cases is the claim of self-defense. You have the right to protect yourself if you reasonably believe that you are in imminent danger of physical harm. To successfully use this defense, your Combs Waterkotte assault lawyer will prove:

  • Imminent Threat: You were facing an immediate and serious threat of harm.
  • No Aggression: You did not  provoke or escalate the situation.
  • Proportionate Force: The level of force you used to defend yourself was reasonable and proportionate to the threat you faced.

Self-defense also extends to defending other people. If you believed that someone else was in danger of being harmed and you acted to protect them, this defense might apply. However, it’s important to note that the force you use must be proportional to the threat against the person you’re defending.

  • Lack of Intent

Another key element of most assault charges is the intent to cause harm. If your actions were accidental or misunderstood, and there was no intent to cause physical injury, your lawyer can argue that the charges should be reduced or dismissed. For example, in cases where the alleged assault occurred during a chaotic situation or involved unclear circumstances, it may be possible to show that any harm caused was not intentional. 

This defense can be particularly useful in situations where emotions were running high, and a physical altercation ensued without the specific intent to hurt someone. While this doesn’t absolve you of all responsibility, it could lead to lesser charges or a more favorable outcome.

  • Consent

In some situations, the defense of consent may be applicable in assault cases. If both parties engaged in the altercation willingly and agreed to physical contact, it can be argued that no crime was committed. This defense is often seen in sports-related incidents, mutual fights, or consensual activities where both parties understood the risks of injury. 

However, consent is not a valid defense if the level of force used went beyond what was agreed upon or if one party withdrew consent during the altercation.

  • Alibi

An alibi defense is used to prove that you were not present at the scene of the alleged assault when it occurred. If you can provide evidence that you were somewhere else at the time of the incident, such as surveillance footage, witness testimony, or receipts, your attorney can argue that you could not have committed the crime.

  • Mistaken Identity

In some cases, mistaken identity can play a significant role in assault charges. It’s not uncommon for victims or witnesses to misidentify the person who committed the alleged assault, especially in chaotic or stressful situations. If you were mistakenly identified as the perpetrator, your defense attorney will work to challenge the accuracy of the identification, pointing out any inconsistencies or weaknesses in the prosecution’s case.

This may involve questioning the reliability of eyewitnesses, reviewing video footage, or presenting alternative evidence that shows you were not involved in the incident.

  • Challenge the Evidence

One of the most effective ways to defend yourself against assault charges is by challenging the prosecution’s evidence. Your attorney will carefully examine the details of your case, including witness statements, medical reports, and any physical evidence. If there are inconsistencies or weaknesses in the evidence, your Combs Waterkotte lawyer can argue that the charges should be reduced or dismissed. 

For example, if the prosecution’s case relies heavily on the testimony of a single witness with questionable credibility, your skilled defense attorney might work to discredit their testimony. Additionally, if there were any violations of your rights during the investigation or arrest process, like unlawful search and seizure, your attorney could file motions to suppress the evidence.

  • Insufficient Evidence

The prosecution must prove your guilt beyond a reasonable doubt. If there is sufficient evidence to establish that you committed the assault, your attorney can file a motion to dismiss the charges. This defense is often used when the prosecution’s case relies on weak or circumstantial evidence that doesn’t definitively prove guilt.

By casting doubt on the evidence presented, your Combs Waterkotte lawyer can argue that the case should be thrown out before it even reaches trial.

If you’re facing assault charges, the best thing you can do for yourself is hire an experienced assault defense attorney who understands the ins and outs of criminal law and can build a strong defense strategy tailored to your case. Call Combs Waterkotte as soon as possible at (314) 900-HELP for a free case review.


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