Yes, in assault cases, self-defense is considered a justification, and raising it as a defense means that the prosecution must prove beyond a reasonable doubt that your actions were not justified.
There are a number of factors that must be addressed when arguing self-defense after an arrest for assault, however.
First, your actions must be considered to be reasonable, meaning that another person, in the same situation, would reasonably believe that they were imminent danger and would react in a similar fashion.
It is also important that you were not the initial aggressor.
If you start a fight, claim self-defense, and the prosecution can provide witnesses or other evidence to show that you were the initial aggressor, your claim will fail.
Self-defense, properly employed in an assault case, is a very potent defense that people can easily understand.
When police are called because of a fight, they often arrest both parties and leave it to the prosecutors to figure out who to charge.
This results in too many cases where a person was attacked by another and ends up in court.
The attorneys at Friedman & Ranzenhofer can help you.
Call us today at 585-484-7432 to speak to an experienced Rochester assault attorney for free.
Recent Posts
Understanding Third Degree Assault Charges in New York
Assault charges are among the most common criminal offenses in New York, with various degrees [...]
Creating a Strong Criminal Defense Case
When it comes to creating a strong defense in a criminal defense case, you want a [...]
Penalties For Assault On A Judge (NY PL 120.09) In Rochester
Allegations of Assault on a Judge (NY PL 120.09) are especially complicated to defend. Charges [...]
Criminal Defense Attorney For Assault On A Judge (NY PL 120.09) In Rochester
Assault on a Judge (NY PL 120.09) is a very specific criminal allegation, and a [...]
Penalties For Assault In The First Degree (NY PL 120.10) In Rochester
Assault in the First Degree (NY PL 120.10) is an extremely serious felony crime in [...]
Penalties For Vehicular Assault In The First Degree (NY PL 120.04) In Rochester
As a class D felony, judges in Rochester have the discretion to sentence an offender [...]
Penalties For Aggravated Vehicular Assault (NY PL 120.04-A) In Rochester
Aggravated Vehicular Assault (NY PL 120.04-A) is a very serious class C felony. Prosecutors in [...]
Penalties For Assault In The First Degree (NY PL 120.10) In Rochester
Assault in the First Degree (NY PL 120.10) in Rochester is an extremely serious class [...]