Assault Charge Defenses
Phoenix Assault Defense Lawyer
Defenses to Assault Charges:
The defenses available in assault and aggravated assault cases can vary widely depending on the facts and circumstances of an offense. That is why it is vital to contact an attorney who specializes in representing people who face assault charges. Attorney, Raymond Kimble has over twenty years' experience representing people who face both simple and aggravated assault charges. Mr. Kimble has obtained extremely favorable results for clients facing who initially faced jail and prison terms for these serious offenses.
Some of the common defenses which may be used to defend an assault or aggravated assault charge include:
- Self Defense - This is probably the most common defense used in assault cases. In order to establish self-defense, a person must show a threat of unlawful force or harm against them; a real, honest perceived fear of harm to themselves (there must be a reasonable basis for this perceived fear); no harm or provocation on their part; and there was no reasonable chance of retreating or escaping the situation. The force used in self-defense must be reasonable when compared to the threat posed by the victim.
- Defense of Others - This defense is very similar to that of self-defense, with the only difference being that the individual must have an honest and real perceived fear of harm to another person. The limitations that apply to self-defense also apply similarly to defending others, and the accused must have had reasonable grounds for their perceived fear in order to establish this defense.
- Defense of Property - A defendant in an assault case may be able to claim that he acted only in defense of his or her property against being invaded or illegally withheld. This defense generally allows for an individual to use reasonable force in defense of their property, particularly where a person's own home is involved.
- Consent - Consent may be available as a defense to an assault charge if an individual has consented voluntarily to a particular act. An example of this occurs when people engage in contact sports such as wrestling or football.
- Duress – This defense applies to situations where some type of conduct would normally be a criminal offense, but the person was forced to engage in the conduct by the threat or immediate use of physical force that could result in serious physical injury.
- Necessity - An individual may be able to use this defense if they engaged in conduct that would normally be considered a criminal offense, but was forced to engage in the conduct because they had no alternative to avoid greater public or private injury.
- Lack of Mental State – An individual may be able to avoid criminal prosecution for an alleged violent crime if they did not have had the required mental state, or did not act knowingly, recklessly or intentionally when they allegedly committed the offense.
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Defending Your Legal Rights and Reputation
If you have been charged with Simple Assault or Aggravated Assault, it is vital that you contact a highly skilled criminal lawyer immediately. Phoenix aggravated assault lawyer Raymond Kimble will recognize available defenses and has been defending people charged with aggravated assault and simple assault for many years. Mr. Kimble knows how to prepare a solid assault defense, challenge the prosecution's evidence and negotiate a reduction or dismissal of the charges
With a seasoned Tempe criminal defense lawyer on your case, you will have your rights protected as your attorney fights to secure a favorable outcome on your behalf. Attorney Raymond Kimble has successfully represented hundreds of individuals throughout Arizona over the last twenty years who have been accused of assault.