What If I Was Defending Myself But Got Charged With Assault?

 Posted on June 18,2024 in Assault and Battery

Assault charges are serious matters that can lead to severe consequences, including jail time and fines. But what happens if you were simply defending yourself and still got charged with assault? It can be a confusing situation that requires a thorough understanding of Connecticut’s self-defense laws. A Connecticut lawyer can help you through these challenging circumstances.

Arm Yourself With Knowledge About Self-Defense Laws in Connecticut

The law in Connecticut recognizes the right to use reasonable physical force to defend oneself or others from the imminent use of physical force. According to the Connecticut General Statutes, a person can use reasonable physical force to protect themselves or someone else if he or she believes it is necessary to prevent immediate physical harm.

However, the use of deadly physical force is only justified if the person reasonably believes it is necessary to defend against the imminent use of deadly physical force or to prevent the commission of a forcible felony. The law also imposes a duty to retreat if the person can do so safely, except in his or her home or workplace.

When Self-Defense Goes Wrong

Regardless of defending oneself, a person may still find themselves facing assault charges. This can happen for several reasons:

• Excessive force: Excessive force in self-defense can be deemed unlawful if it is disproportionate to the threat. The force used must be reasonable and necessary, given the circumstances.

• Incorrectly perceived threat: If a person uses force based on an honest but mistaken belief that he or she is in imminent danger, that person may still face charges if his or her belief is not objectively reasonable.

• Mutual combat: If both parties willingly engage in a fight, even if one person claims self-defense, they may both be charged with assault.

• Insufficient evidence: Proving that force was justified can be challenging without clear evidence supporting a self-defense claim, such as witness testimony or video footage.

Encountering assault charges when you were merely defending yourself can indeed be a distressing experience. Remember that an arrest or accusation does not equate to a guilty verdict, and legal strategies are at your disposal for your defense.

Defending Against Assault Charges

If you have been charged with assault despite acting in self-defense, a criminal defense lawyer in Connecticut can help build a strong defense strategy. This may involve:

• Gathering evidence: Your attorney will investigate the incident thoroughly, collecting witness statements, video footage, medical records, and other evidence to support your self-defense claim.

• Asserting affirmative defenses: Self-defense is an affirmative defense that must be raised and proven by the defendant. Your lawyer will present evidence and arguments to show that your use of force was justified under the circumstances.

• Negotiating with prosecutors: In some cases, your attorney may be able to negotiate with prosecutors to have the charges reduced or dismissed based on the evidence supporting self-defense.

• Preparing for trial: If the case goes to trial, your lawyer will present a compelling defense before a judge or jury, cross-examine witnesses, and argue for an acquittal.

Contact a Fairfield County, CT Criminal Defense Attorney

If you are facing assault charges after defending yourself, do not hesitate to reach out to a Stamford, CT criminal defense lawyer. The consequences of a conviction can be severe, impacting your freedom, future, and reputation. Call 203-348-5846 to speak with Law Offices of Daniel P. Weiner and schedule your free consultation.