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3 defenses to assault charges

On Behalf of Fitzgerald Law | Mar 4, 2026 | Crimes Against Persons

When facing assault charges, there is the potential for fairly serious sentences. You may have to spend time behind bars, pay restitution to the victim, spend time on probation and have a permanent record, for example. It depends on the severity of the specific charge, but this can be a life-changing situation.

As such, it is important to consider all of your potential defense options. Here are three examples that may apply to your unique situation.

Acting in self-defense

First and foremost, you may claim that you had no choice but to use physical force against the other party, as they were the aggressor and you were just acting in self-defense. Similarly, you may be able to claim that you were acting in defense of others. You never had an intent to harm anyone or act in an aggressive manner, but you were simply responding to the situation as it developed and using your legal right to self-defense.

Mistaken identity

In other cases, you may claim that you were not actually involved in the assault at all. For instance, maybe you were at a social gathering, and there was a fight involving multiple people. The police were called and arrested everyone who was at the scene. But you claim you were never actually involved in the assault or the physical altercation and were simply unlucky to be in the wrong place at the wrong time.

Issues with evidence

Finally, a potential defense is to demonstrate that there is a lack of evidence against you. Maybe there were no credible witnesses. Perhaps the event was not captured on camera. The police may have simply made assumptions about who was involved. When facing criminal charges, guilt must be demonstrated beyond a reasonable doubt, and that may not be possible if there is no proper evidence.

When facing serious criminal charges, you can see how important it is to understand exactly what legal defense options you have.

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