Proving My Innocence

Have you been accused of assaulting someone while in possession of a gun? You will face a charge called aggravated assault. This charge can lead to a long prison sentence, so it is important to have a criminal defense lawyer who knows how to defend against these charges. Here are four defense strategies your criminal defense lawyer can use to help get your case dismissed or reduced:

1. Self-Defense or the Defense of Others 

If you can convincingly show that you were protecting yourself or someone else from harm, then this can be a viable defense. To successfully argue self-defense, you must show you used force to protect yourself because you believed there was imminent danger.

The second strategy, the defense of others, is similar to self-defense in that it requires the accused to show that you reasonably believed that someone else was in imminent danger of being harmed.

2. The Defense of Property

This argument would be based on the premise that you were only using force to protect your property, and not to harm another person. To succeed with this defense, your lawyer would need to show that you had a reasonable belief that your property was in imminent danger and that the force you used was proportional to the threat.

Additionally, this strategy is more likely to be successful if the gun was not discharged or if no one was injured. While the defense of property is not guaranteed to succeed, it may be worth exploring if you have been charged with aggravated assault with a gun.

3. Lack of Intent

If the prosecutor cannot prove that you had the intent to cause fear or actual harm, then they will not be able to successfully prosecute you for aggravated assault with a gun. This can be a difficult defense to argue, as it requires your criminal defense lawyer to show that you did not have the necessary mental state for the crime. However, if your lawyer can successfully show that you did not intend to cause fear or harm, then the charges against you will be dropped.

4. The Violation of Constitutional Rights at the Time of the Arrest

If your constitutional rights were violated at the time of your arrest, then this can be used as a defense against aggravated assault with a gun charge. This may include illegal search and seizure or Miranda rights violations.

If your lawyer can show that your constitutional rights were violated, then the evidence against you may be excluded from court, which could lead to the charges being dropped.

There is a very real risk of a lengthy prison sentence when you are facing aggravated assault charges, so you need very good legal counsel.

Contact a local criminal defense law firm to learn more.