Miltenberger Law Offices

Assault is a serious charge. When there are witnesses, it doesn’t get any easier to defend. However, there are a few defenses your lawyer can use in your court case, but only if they fit with your alleged crime.

Self-Defense

If you were being attacked and initially did not fight back but then chose to land a punch or two, you may be able to claim self-defense. There are very strict definitions around self-defense in a case of assault, and you cannot have hurt your attacker more than your attacker hurt you. The exception to the rule includes being assaulted with a deadly weapon (e.g., gun, knife, etc.). Self-defense cases work if you landed a couple hits and took off to save your life with no further intent to assault, although there are many gray areas in this particular defense.

Temporary Insanity

A break from reality that causes you to hit or hurt someone could count as temporary insanity. If your lawyer decides to use this defense, you have to agree to undergo a psychological assessment to see if you suffer from a pre-existing mental condition that is known or has not otherwise been diagnosed. If it applies, you may have to spend time in a hospital for mental health patients (if there is such a facility near you) until you are deemed competent enough for a retrial. It is possible to be deemed incompetent indefinitely, but what happens to you after that is never certain.

Afraid for Your Life

Being threatened to the point where you are concerned that your life is at risk might cause you to assault someone. Fear response often summons the “flight, fight, or freeze” response, a natural effect of being threatened. When you had a reasonable belief of being harmed and responded in fear via assault or fight, it may be enough to argue your case.