Last time I laid out the basics of criminal assault in Minnesota. In this article, I will outline some common defenses when a person is charged with assault.
Self Defense
A defendant can argue self-defense when he or she agrees that act of assault occurred occurred, but claims that it was justified by the other person’s threatening actions. A jury must decide that the defendant acted reasonably. In short, did he act reasonably under the circumstances or did he go overboard.
The jury considers:
- Who was the aggressor?
- Was the belief that self-defense was necessary a reasonable one?
- Did the defendant use only the force necessary?
Defense of Others
Defense of Others claims are similar to self defense claims. Here, the defendant agrees that the act occurred, but claims that it was justified by the other person’s threatening actions to a third person. Again, to win, you must convince the jury that you acted reasonably under the circumstances.
Alibis
An alibi defense is simply the argument that: it wasn’t me because I was somewhere else”.
Credibility
One of the best defenses is to challenge the credibility of witnesses – including the police. A good attorney will examine all aspects of witnesses statements, the inconsistencies and the omissions. Any witnesses testimony could be damaged by “prior inconsistent statements” (things they said before that conflict with what they’re saying in court) or “rebuttal witnesses” (people you bring in to testify) who tell a different story.
What can I do?
You can hire an attorney who will help to preserve evidence, investigate and interview witnesses that you cannot or should not talk to yourself. You can also protect yourself by avoiding contact with the alleged victim, following any rules set by the court and avoiding using any drugs, alcohol, or places which might trigger another altercation. Also, statements to police can be very damaging which is why you have the right to remain silent.