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4 defenses to aggravated assault charges

On Behalf of | Jul 6, 2024 | Criminal Defense

Facing charges of aggravated assault can have far-reaching effects to your personal and professional life. As such, getting knowledgeable legal guidance and representation is crucial.

While the charges may be daunting, it is possible for your attorney to defend your case. Possible defenses to aggravated assault charges may include the following.

1. Mutual agreement

In cases of mutual combat, where both parties willingly engage in a fight, this defense may be invoked. However, this defense can be complex, requiring evidence such as witness statements or other documentation to establish a mutual agreement to the fight.

2. Alibi

If you can demonstrate that you were elsewhere at the time of the alleged aggravated assault, this alibi defense can be crucial in challenging the prosecution’s case. This strategy relies on presenting evidence such as witness testimony, surveillance footage, receipts, cellphone records or travel documentation that definitively places you in a location other than where the assault occurred. Establishing a solid alibi with credible evidence creates reasonable doubt.

3. Self-defense

Self-defense is a common defense in aggravated assault cases. It involves proving that you used force to protect yourself from an immediate threat of violence. The force used must be proportional to the threat faced. Evidence such as witness testimony and any available video footage can support this defense.

#4. Defense of others

Similar to self-defense, this defense argues that you used force to protect another person from an imminent threat of harm. The key is to demonstrate that the threat was immediate and that your actions were necessary to prevent harm to that other person. 

When faced with aggravated assault charges, seek legal guidance to help build a strong defense.