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4 possible defenses against assault charges

On Behalf of | Dec 1, 2023 | Blog, Criminal Defense |

Facing assault charges in Wisconsin can be a serious matter, but individuals have several potential defenses available to them.

Understanding these defenses is important for anyone navigating the legal system.

1. Self-defense

One possible defense is self-defense. If a person reasonably believes they are in imminent danger of bodily harm, they may use force to protect themselves. This defense hinges on the idea that the accused acted out of necessity to safeguard their well-being. However, it is necessary that the force used was proportionate to the perceived threat.

2. Defense of others

Similar to self-defense, defense of others allows individuals to use force if they reasonably believe someone else is facing immediate harm. This defense requires the accused to demonstrate a genuine concern for another person’s safety and the use of force was a reasonable response to the perceived threat.

3. Lack of intent

Another potential defense is the absence of intent. A person may contend that if the accused did not intend to cause harm, the alleged assault was accidental or lacked the necessary mental state for a conviction. This defense is especially relevant in cases where the accused’s actions were unintentional or misinterpreted.

4. Alibi

Establishing an alibi is a defense strategy that involves proving the accused was not present at the location where the alleged assault occurred. Providing concrete evidence, such as witness testimonies or documented activities during the time of the incident, can cast doubt on the prosecution’s case.

In 2022, Wisconsin law enforcement reported 12,482 aggravated assault offenses. Although overwhelming to face charges, staying aware of your rights and exploring the right defense option helps ensure a fair legal process.



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