This is the second post in my series on defending assault cases in Phoenix, Arizona. My last post served as an overview of topics I will be discussing and explained how many accused of such a crime often err in thinking they do not have options. The truth of the matter is that there may be possible defense issues in an assault case. If you were arrested for a crime of violence and believe you were acting in self-defense then it is crucial that you contact a criminal defense lawyer immediately.
Phoenix residents can defend against assault charges by showing that they were using reasonable force to protect themselves
People are allowed to defend themselves when facing the threat of harm. One is allowed to use reasonable force in self-defense against another’s assault. The key to this concept is that the force used, when defending one’s self, must be “reasonable.” This means that one may not use more force than is necessary to protect themselves. If, for example, one is being punched by another then the victim may punch the aggressor back to stop the attack. If, however, one is being punched and they pull out a gun and shoot the aggressor then the force used is likely disproportionate to the attack and the shooting would not be considered “self-defense.” One is allowed to defend themselves but not cross the line and become an aggressor themselves.
Phoenix defendants often wish to claim self-defense even though they engaged in way more force than what was necessary to protect themselves. This, in part, stems from our society’s belief that one may do “what is fair” when facing harm from another. The truth of the matter is that Arizona, and America as a whole, does not allow private violence and doing more than what is necessary will result in the person, who was originally a victim, facing assault charges.
A criminal defense lawyer can take steps in establishing a self-defense claim to Phoenix assault charges
There are several steps which a criminal defense lawyer can take to establish a claim of self-defense. Such steps include analyzing security footage, witness statements, physical evidence which may indicate how the struggle unfolded, and examining injuries of the parties’ for evidence of who was the primary aggressor. It is crucial that you hire counsel familiar with such issues as they may make the difference between a conviction or an acquittal.
Contact my office today to schedule an initial consultation. In addition to Phoenix we represent defendants in other Maricopa County cities such as Mesa, Glendale, Scottsdale, Chandler, and Gilbert. We also assist Pima County residents in Tucson.