Assault refers to intentionally causing injury to another person. This act may also be done to generate a fear of harm or death in an individual.
The State of Brainerd considers physical harm and even the threat to cause harm as assault.
An assault charge is considered proven by the prosecutor if it becomes clear that the victim was afraid due to an injury that was caused or intended to be caused, and was the result of a deliberate act of the defendant.
Every case is unique and involves different circumstances. No assault lawyer can guarantee to beat any of the assault charges, though they will work diligently and try to defend clients with the best possible representation.
Let us understand the types of assault and defenses that can be used in an attempt to beat these charges.
What Are the Types of Assault?
Assault can be broadly categorized into simple and aggravated assault. An act that may cause the least injury or pose a limited threat of violence is called a simple assault. An aggravated assault involves serious circumstances and violence, resulting in life-threatening consequences.
A few scenarios that may result in aggravated assault are as follows:
- Striking or threatening to strike a person with a dangerous weapon or object
- Committing a felony crime like rape or robbery
- Actions resulting in life-threatening physical injuries
- The behavior of violence while concealing identity
- Hurting a person from the protected class like a police officer, healthcare provider, social services worker or a disabled person.
The Statutes of Brainerd classify assault charges into the following:
- Fifth-degree assault
- Fourth-degree assault
- Third-degree assault
- Second-degree assault
- First-degree assault
Each of these assault types has varying charges and consequences. The penalties associated with them range from a maximum of one-year imprisonment and a $3,000 fine for a fifth-degree assault to 20 years in prison and a $30,000 fine for first-degree assault.
Also, an individual is charged with domestic assault when he/she intentionally inflicts harm or causes fear of harm to a family/household member.
What Types of Defenses Can Be Presented for a Charge of Assault?
An assault may be the result of certain factors like serious accusations and exaggerated arguments.
The defense strategies that can be put forth to beat these charges are:
- Affirmative Defenses
This affirmative defense strategy acknowledges that the act in question was committed, but the behavior should not be considered as an assault for different reasons.
This is one of the common strategies used to defend against assault charges. It is also considered the easiest to prove in court.
Your assault lawyer may argue that your action was an act of self-defense for protection from any harm that may have been caused due to another person. Also, the other party was the aggressor and that your act did not need any force on him/her.
This argument of self-defense is of two types:
- Defense of other individuals
This refers to your act of defending another person from the aggressor.
- Defense of property
This is the act of defending your home or movable/immovable assets from an invader.
You will need to discuss with your assault lawyer to find the best-suited defense based on your situation.
Consent is an act of assault that cannot be legally constituted if the parties involved agree to it.
Consider a scenario involving two professional boxers. One boxer cannot accuse the other of assault for punching him during the match. Both parties involved should have agreed to the terms of the match ahead of time.
Again, consider that one boxer punched/beat his/her opponent before or after the match. This action cannot be considered legal because the other party consented to the match. The action of beating and punching exceeded the permission that was provided.
However, consent can be used in rare scenarios. Your assault lawyer should be able to determine the best circumstances to use this mode of defense.
- Disputative Defenses
These defenses question the actual behavior you were alleged to have engaged in.
- Lack of Credibility
This defense is used to prove that the victim or a witness is providing incorrect information about the assault. Your assault lawyer will need to work diligently to prove the lack of credibility. This involves finding inconsistencies in statements provided by the victim or witness. The lawyer will need to pay attention to intricate details and raise questions about them.
This kind of argument may need contradictory evidence to the proof already provided before the jury or rebuttal witnesses who recount a different series of events about the assault in question.
Furthermore, your assault lawyer may try to call into question the character of the victim or witness presenting the information. He may try to prove that the individual lacks credibility due to distrustful events he/she may be associated with.
- Incorrect Identification of the Accused
Human beings can be biased and unreliable. Details about incidents that we believe to be true may be wrong when presented with evidence like a video recording of the occurrence.
Due to this, victims tend to identify the wrong person as accused. If you have been falsely accused of an assault, it may be because you look similar to the actual convict or due to your proximity to the scene of the assault.
If you haven’t been part of an assault and pulled into it due to incorrect identification, you can seek help from your assault lawyer to prove your innocence. Seek help from witnesses who know you weren’t responsible for the assault. You can also consider surveillance footage or video recordings that show the actual perpetrator.
The alibi defense should include evidence that proves you were elsewhere when the assault occurred. However, you should be able to prove this with an appropriate stand, like witnesses who can vouch for your presence. For example, a video recording that shows you in another location or a ticket to an event that confirms your presence may work.
How Can an Assault Charge Defense Lawyer in Brainerd Help?
As mentioned, there are varying degrees of assault. The State of Brainerd involves different penalties for them based on their severity. It can be challenging to understand the legal grounds of your arrest and defending yourself in court.
An assault lawyer in Brainerd is equipped with comprehensive knowledge of the legal nuances of assault cases. His/her experience will help in strategizing the best defenses to protect you against serious assault charges.
Rather than putting your future at risk, it is best to seek representation from a skilled Brainerd assault lawyer to defend your case.
In a case of assault, the prosecutor is responsible for proving the defendant guilty. The above-mentioned types of defense for assault should provide an overview of how your assault lawyer can challenge the credibility of the evidence and protect your interests.
Reach out to Our Seasoned Assault Lawyers in Brainerd
To discuss your assault case with our experienced lawyers, give us a call at (855) 215-6862 or contact us online. We will work relentlessly and represent you vigorously while protecting your rights. At Carlson & Jones P.A., our lawyers will build an ironclad defense to try and get a positive outcome in your favor.