Assault charges have been filed against you. You may be wondering, “Do I need to employ a lawyer to represent me?” and other things along those lines. The answer is: Absolutely!
A good assault lawyer may make all the difference in the outcome of your case. To successfully defend yourself against an assault accusation, you will have to navigate a complicated criminal court system. The plaintiff’s lawyer will be trying to show your guilt beyond a reasonable doubt as well. In addition, you’ll face significant consequences that might change your life forever.
With the support of a Vancouver assault lawyer, you may avoid or lessen criminal sanctions by navigating the legal system and challenging the prosecution.
Do you need an assault lawyer?
The sooner you take action in your assault case, the better. Even in your first meeting with the police, what you say or do might have a significant influence on your case’s outcomes. You may believe that you may get out of trouble or establish your innocence by giving your side of the story. Unfortunately, law enforcement typically uses this information to develop a case against you.
If you face assault charges, you will want to consult with a criminal defence lawyer in Vancouver, BC, who can help you through the process. They will tell you what to say or how to answer queries (if any). You must avoid making remarks that might be used against you in court if you have legal representation.
When you hire an assault lawyer early on, they will have plenty of time to develop a defence for you. Defending yourself against criminal charges requires a lot of time and effort. Your lawyer has to know all the details of your case. These include what led to the charges, what occurred when the police arrived, and what transpired during the arrest. Additionally, they will need time to gather and preserve evidence, interview witnesses and research relevant case law.
Defences to assault charges
Case-by-by-case, the legal defences in assault and aggravated assault cases might be vastly different. As a result, you must retain the services of a Vancouver assault lawyer. Your assault lawyer in Vancouver can defend you against assault and aggravated assault charges using several standard arguments, including:
- Self-defence
In assault situations, this is the most popular defence. There must be a threat of illegal force or violence against the individual, a genuine and honest fear of danger to oneself (with a good foundation), no harm or provocation on their side, and no reasonable prospect of fleeing or avoiding the circumstance to demonstrate self-defence. It is imperative that the force employed in self-defence be proportional to the danger presented by the attacker.
- Defence for others
One distinction from self-defence is that the individual must believe that another person will be harmed by their actions. A defendant must have legitimate reasons for fearing their safety to claim this defence.
- Protests for Property Rights
An assault defendant may argue that they acted to protect their property from being invaded or unlawfully taken. This defence often permits individuals to use reasonable force to protect their property, especially if that property is their own home.
- Consent
Consent may be a defence in an assault case if a person has freely agreed to do a particular action. An illustration of this is when individuals participate in contact sports like wrestling or football.
- Duress
Defence of coercion may be used when a person was compelled to participate in an activity that would be a criminal violation by the threat of imminent use of physical force that might cause significant bodily damage.
- Necessity
Anyone who has committed acts that would ordinarily be deemed illegal but obliged to avert greater public or private harm may be eligible for this defence.
- Lack of mental state
If a person was not in the proper mental state at the time of the violent crime, they might not be prosecuted for it since they don’t do the crime to cause bodily harm.
Consult with an Assault Lawyer in Vancouver
If you are facing assault charges in Vancouver, you will want to put up a solid legal defence to help you have the charges dropped. There are many different ways that an assault lawyer such as N.J. Preovolos Law Corporation may aid you in court. Contact them today to help argue your case.