Proving Self-Defense in an Assault Case
Self-defense is a common claim in assault cases. The defense is based on the thought that you do not have to wait to be attacked to defend yourself. A reasonable person may hope to forestall or prevent the attack by defending himself (or herself). But that response must be proportional – it must be a reasonable response to the threat.
If you claim self-defense, you must prove that the self-defense was justifiable and reasonable in proportion to the amount of force that was being threatened against you. Here’s an idea of various levels of assault charges, their classification level, fine and maximum jail or prison time.
Negligent assault is a first-degree misdemeanor, and is punishable with up to 60 days in jail and a $500 fine. Basic assault is a first-degree misdemeanor, and may earn a six-month jail term with a $1,000 fine. Aggravated Assault carries a six-year prison term, with a $5,000 fine and is a fourth-degree felony. Felonious assault is the most serious of the four levels, with an 8-year prison term, $20,000 in fines, and is classified as a second-degree felony.
|Charge||Maximum Jail or Prison Time||Fine||Level of Crime|
|Negligent Assault||Up to 60 days||$500||3rd Degree Misdemeanor|
|Basic Assault||Up to 6 months||$1,000||1st Degree Misdemeanor|
|Aggravated Assault||6 Years||$5,000||4th Degree Felony|
|Felonious Assault||8 Years||$20,000||2nd Degree Felony|
Some important things you should discuss with your attorney to formulate your defense include:
- The circumstances of the altercation – who was the aggressor, what was the issue?
- Where did the altercation take place? Were you in a home or in a public place?
- Did you believe that self-defense was necessary?
- Did you think the level of response was reasonable?
In working to prove self-defense in an assault case, it is important to establish your level of fear or concern regarding the pending assault, the amount of force that was threatened against you, and all other relevant circumstances surrounding the alleged assault. Using this and other information, your attorney can assemble the facts in your case and then decide the best approach to your defense.
Do You Need a Violent Crimes Defense Lawyer in Columbus, Ohio?
If you are accused of assault and want to present a defense of self-defense, you need a violent crimes defense attorney you can trust to be experienced with this defense. In addition, it is critically important that you trust your legal representative. The skilled, trusted legal representation at Probst Law Office offers the help you need to be sure you have the representation you deserve. Get the experience, skill and knowledge you need when you hire Michael Probst as your attorney. Contact Michael today for your free consultation, or call now at 614-232-8890.