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3 Ways an Aggravated Assault Charge Can Be Challenged Part 1

Assault is the intentional threat, by action or words, to perform an unlawful, violent act upon another person. Assault is based on severity with simple assault being considered a misdemeanor and aggravated assault, usually involving a deadly weapon, is considered a felony. It’s imperative that anyone implicated in a charge of aggravated assault retain the services of an aggravated assault attorney in Tampa to avoid the results of a guilty verdict.

At The Rickman Law Firm, we believe that you are innocent until proven guilty. In this two-part article, we’ll discuss three defenses that can be used to challenge an aggravated assault charge. Read part two to learn more.

Self-Defense

With self-defense, the violent act has occurred; however, the act is excused on grounds that an individual had no choice except to resist the unlawful use of force by another person in order to protect themselves. An example of this would be if someone comes into your home with the intent to rob you (unlawful force) and you pull out a gun and shoot out of fear for your life. If the person claiming defense is innocent of any wrongdoing and only shot at the intruder because they feared death or great bodily harm, self-defense can be used in court to dismiss the charges. If a lawyer raises this defense on your behalf, the prosecution will seek to prove that you did not in fact act in self-defense. The facts surrounding your case will be thoroughly examined to determine if:

  • • You believed that a danger existed, which you did not cause
  • • The danger would have caused you or another (innocent) person significant harm
  • • The threat was real and imminent
  • • You had no other means to avoid the imminent danger
  • • You committed the act to avoid the imminent danger
  • • The harm you avoided outweighed the harm caused by the commission of the criminal act

Mistaken Identity

The mistaken identity defense can be used if you or a loved one feel that a witness is mistaken about your identity as the person that committed an aggravated assault crime. Why would a witness or accuser be mistaken about someone’s identity?

  • • Law enforcement may have contributed some influence to the witness’ ability to identify
  • • Emotional duress can impact a person’s ability to recall event details
  • • People have a lower accuracy of recalling the facial features of someone of another race
  • • There was poor lighting or the witness and perpetrator were too far apart for a positive identification

For a free consultation with an experienced aggravated assault lawyer in Tampa, please contact The Rickman Law Firm at (813) 712-8736 or submit our contact request form.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.