Experienced. Aggressive. On Your Side.

Defending against an assault charge with self-defense

On Behalf of | Oct 14, 2023 | Criminal Defense |

NJ.gov reported the number of assault reports in the state in 2020 was 56,067. Facing an assault charge is a serious matter that requires careful consideration and a strong defense.

You may be able to argue that you acted in self-defense. If you wish to do this, you must ensure you do it correctly, adhering to legal principles.

Understand the self-defense principle

Self-defense is the legal right to protect oneself or others from imminent harm. To claim self-defense successfully, you must show that you reasonably believed you were in danger of physical harm, and your response was proportionate and necessary to protect yourself or others.

To establish self-defense, you must prove that the threat was imminent. This means you believed you were in immediate danger, and there was no reasonable opportunity to retreat or escape the situation safely.

Your response to the perceived threat must have been proportionate. In other words, the force you used to defend yourself should not have been excessive compared to the threat you faced.

Gather evidence

Collect evidence that supports your claim. This may include witness statements, video footage, photographs or any other relevant documentation that demonstrates the circumstances surrounding the alleged assault.

If there were any witnesses to the incident, their testimonies can be valuable in supporting your self-defense claim. Ask them to provide statements or testify on your behalf.

Retrace the events

Create a detailed timeline of the events leading up to the alleged assault. Describe what happened, who was present and any actions or statements the other party made that made you fear for your safety.

Defending against an assault charge using self-defense is possible. Remember that each case is unique, and the success of a self-defense claim depends on the specific circumstances surrounding the alleged assault.