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Defense Tactics to Challenge Assault Charges in NJ

Just as it sounds, aggravated assault is a crime characterized by more grave acts than those usually involved in simple assault. However, no matter what type of assault you have been charged with in New Jersey, the law seeks to punish these violations severely. A conviction for aggravated assault can result in lengthy incarceration, high fines, and a criminal record that trails you for a long time. Simple assault also carries with it potential jail time, fines, and a damaging criminal conviction that shows up on a background check.

Therefore, the expertise of an experienced criminal defense lawyer is crucial to your defense. Each case is unique, so you need an attorney who can examine your case facts and evidence to determine the best course of action for defeating the state’s charges. The accomplished attorneys at Proetta, Oliver, & Fay have been defending clients against assault allegations in Burlington County and throughout Southern New Jersey for years. We are available 24/7 to assist you in a free consultation. If you are facing an assault charge, fill out our convenient form, start a chat, or call 609-850-8284 for help today.

Common Scenarios that can Lead to Assault Charges in New Jersey

Typical scenarios that lead to assault charges include domestic violence when one person beats another, threatens them with a weapon, or otherwise places another in fear for their life. In addition, getting into a fight with another person can lead to your arrest for an assault offense. Importantly, injuring or attempting to injure an officer during an arrest or other police official activity is another reason for more serious assault charges.

Defense Tactics in New Jersey Assault Cases

When you face assault charges, a seasoned criminal defense attorney such as those on our team can review your individual case, sit down with you, and discuss possible defenses. The lengthy list of tactics that may be effective in defending your assault case is discussed in more detail below.

Argument #1: Self-Defense

You may have injured someone defending yourself against another’s threatened harm. Self-defense is a valid challenge to assault. So long as you used only reasonably necessary force to ward off immediate threats to your life, you may defeat an assault charge when you prove self-defense was necessary and reasonable.

Argument #2: Defense of Others

Likewise, you can defend others from harm. When you reasonably believe someone is threatened with immediate harm, you can protect them with necessary and reasonable force proportional to the threat.

Argument #3: Defense of Property

You can also defend your property with justifiable force. When someone attempts to steal, damage, or destroy your property, you can use reasonable force to protect it. Defense of property is valid against an assault offense if you had a reasonable belief that you had to defend it forcibly, but only if the force was reasonable as appropriate to the threat.

Argument #4: Mistaken Identity

When someone reports an assault to the police, they may misremember or vaguely describe the person without really seeing the person. As a result, the police may arrest the wrong person. If you are a victim of mistaken identity, you have a defense to the charges.

Argument #5: Lack of intent

A critical component of proving that an accused committed assault is intent. The state must prove you intended to injure someone. When you accidentally injure someone without intending to do so, the state will have a difficult time proving you intentionally harmed the victim.

Argument #6: Procedural Issues

In addition, the state may not successfully prosecute for assault when they take shortcuts or do not follow proper procedures to detain, search, or arrest you. The state must protect all people’s constitutional rights when investigating and charging crimes. All evidence seized unlawfully will likely be excluded from court, as will other evidence obtained unlawfully, such as admissions that you made while being interrogated if you were not first Mirandized.

Argument #7: Insufficient Evidence

The prosecution must prove that you committed assault by presenting evidence that convinces a jury beyond a reasonable doubt you are the one who committed the crime. The prosecution’s case may not have enough evidence to rise to the proof necessary to convict, or your attorney may raise doubt about physical, documentary, or testimonial evidence at trial to get a defense verdict.

Defense Option #8: Minimize the Damage through Plea Negotiations

Sometimes, the best approach is to plea bargain with the prosecution. A criminal defense attorney can negotiate a plea bargain when the prosecution is willing to lessen the charges or lower the sentence for your guilty plea, thus avoiding the time and expense of a trial.

Support Your Assault Defense with Evidence: A Few Examples

Just as the prosecutor must prove the charges against you with evidence, you must provide evidence for your defenses or disprove the prosecution’s case. An assault defense lawyer’s job is to investigate and gather evidence independent of the prosecutor’s evidence to support your case.

Some examples of supporting evidence may be photos or videos. Say, for example, the assault occurred in a parking lot outside a restaurant or store. A defense attorney would investigate whether neighboring stores had security cameras facing the parking lot to show where the alleged crime occurred.

Documentary evidence, such as police reports, arrest records, medical records, and written witness statements, are also evidence that may support your case. For example, the police report may contain witness statements that help your attorney prepare your case by using a witness to confirm your story or to cross-examine them at trial.

The victim’s medical records may also confirm your assertion that the victim was not severely injured or injured at all. Your medical records may support your defense that you were the one defending yourself, comparing your injuries to the victim’s. Written or oral medical expert testimony may be helpful to prove who was the aggressor and who was on the defense.

Reach out to Proetta, Oliver, & Fay to Speak with an Attorney About Defending Your Assault Case in Burlington County NJ

Preparing a defense to weighty charges like aggravated assault or simple assault is time-consuming. You need the assistance and forethought of a professional who has defended others against the same charges. Though each case has unique facts and circumstances, some case aspects are always the same: the need for evidencing defenses and showing the key areas where the state’s case is lacking.

At Proetta, Oliver, & Fay, our trusted and proven criminal defense lawyers develop a defense strategy with you, gather the evidence to persuade a prosecutor or jury, negotiate a plea bargain, or use all of our insight and resources to destroy the prosecution’s case at a trial. To avoid a maximum sentence and fine, or even a conviction altogether, get the help of a sharp attorney at our local office in Evesham Township, in Burlington County, New Jersey at get started by contacting us at 609-850-8284 for your free consultation.