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Photo of Joshua Nielsen
Photo of Joshua Nielsen

What are some defenses to an assault charge?

On Behalf of | Mar 26, 2025 | Criminal Law

You get arrested and find yourself facing an assault charge. You’re worried about spending time behind bars and the impact that a conviction could have on your future. It might make it more difficult for you to get a job, for example.

As such, you want to know what defenses you may have. This is going to vary from case to case, depending on the specific details. Here are a few examples of potential defenses that may be applicable.

Mistaken identity

You may be able to deny that you were even involved in the altercation. Maybe a witness incorrectly identified you or said you were the perpetrator when you did nothing wrong. Remember that eyewitness misidentification is the top reason for false convictions, so there’s a good chance this could happen — and it could have serious ramifications.

Self-defense

You may be able to claim that you were only acting in self-defense. You had a genuine fear that you would suffer harm, and you may have even feared for your life. As a result, you had to take aggressive action to defend yourself, but it’s justified because the other person was the aggressor.

Similarly, you can sometimes claim self-defense when acting in defense of others or even in defense of property. If someone attacks your spouse, for example, you may be able to use physical force in defense of them, even though you were not the target of the initial attack.

Criminal charges must be taken seriously. It’s very important for you to understand what options and rights you have as you move through this process.

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