Assault Defense and Misunderstandings
Assault is considered to be any crime that is committed against another person. These crimes vary in intensity and nature. The punishment that is given for each may vary, depending on the nature of the crime. In most assault cases, the outcome is based on the words of both the plaintiff and the defendant. Given that there is almost always more than one side to a story, many of the details can be misinterpreted, skewing the truth of what actually happened out of context and turning it into an exercise of humility rather than justice.
Whether it’s domestic violence, sexual assault, aggravated assault, simple assault, or motor vehicle, there are many reasons why such a charge would arise. Some of the most common defenses against assault consist of:
- Official acts
- Prevention of crime
- Defense of self or property
The consent argument can be a complete or partial defense. Often coming up in cases where sexual assault is in contention, the defendant may claim that he or she was actually permitted to commit the supposed crime.
Usually when the case involves a person of authority, the defendant may claim that he or she was simply doing their job and that the plaintiff (in a cases involving police officers) was resisting arrest. The fine line between assault and responsible use of force becomes very grey in certain situations.
Punishment is the other form of defense that often has blurred definitions. While it is appropriate to give punishment for certain activities, sometimes those who are punished feel as though they are treated unfairly.
Facing an assault charge is a serious event. In many cases, the defendant is clueless of the crime or why he or she is being convicted.
Contact a San Jose Criminal Law Attorney