How Can I Defend Myself Against an Assault Charge?

If you have been charged with assault, you may feel that your situation is hopeless. Many people who are charged with a crime believe that they are destined to spend years in prison. It is important to know that being charged with a criminal offense does not automatically equate to a conviction under the law.

If you or a loved one have recently been charged with assault, our Nashville, TN, assault lawyers are ready to provide persistent counsel on your behalf.

Prove That You Were Acting in Self-Defense

If a judge or jury determines that your actions were necessary to protect yourself, then you may be able to claim self-defense. However, the original force used against you must be unlawful. Tennessee Code §39-11-611 permits an individual to use deadly force, which will likely cause serious bodily injury or death if the individual being attacked believes his or her life is in peril. Unlike other states, Tennessee does not require an individual to retreat.

Self-defense is an affirmative defense, along with the others listed in this blog. This means that you are admitting that you committed assault but that there was a circumstance that justified your behavior.

Prove That You Lacked Intent

To be prosecuted for assault, the law requires that an individual intentionally, knowingly, or recklessly harm someone or threaten to harm that person. The Model Penal Code (MPC) defines these states of mind as follows:

• Purposely (intentionally): A defendant who acts purposely intends to perform an act with a desired outcome in mind.
• Knowingly: A defendant who acts knowingly is aware of his or her conduct and the particular result that will arise.
• Recklessly: A defendant who acts recklessly ignores a substantial and unjustified risk, disregarding any negative impact it has on others.

If the prosecution cannot prove that you possessed a specific state of mind (known in the law as “mens rea,”) then you cannot be convicted of assault. Mens rea does not apply in strict liability crimes, in which individuals can be prosecuted regardless of whether they have a culpable state of mind.

Prove That the Victim Provoked You

If there is evidence of any statement or action carried out by the victim to make you angry, you could claim provocation. It is only a partial defense, meaning that your culpability may only be reduced, not negated. If successful, you may receive a lesser sentence.

Provocation is only one of several mitigating factors that may be considered, along with lack of a criminal record, if you acted as an informant, and if you had a mental impairment that prevented you from understanding the wrongness of your conduct.

Hiring Aggressive Representation is Key to Defending Assault Charges

When the authorities are informed of a potential assault, the local police department and the Tennessee Bureau of Investigation will investigate the matter. These allegations will not go away on their own, but rather, the prosecution will employ various state agencies to help conduct an investigation. With the state using all its time and energy to incriminate you, it is essential that you have representation working hard on your side.

Dedicated Representation from our Nashville, TN, Assault Lawyers

When you retain the criminal defense attorneys at Andrew C. Beasley, PLLC, you are working with lawyers who thoroughly understand the criminal code. Our legal team will review the facts of your case to craft a defense that is tailored to your situation. We are aware of the common tactics that the state will use, so we pride ourselves in always staying one step ahead of the prosecution. To schedule your free consultation, contact us online or by phone today.