If you’re charged with assault, your career and personal life can be ruined. In New Jersey, even a simple assault charge could mean jail time of up to six months and a fine of $1,000.
There are other penalties for an assault charge, including probation, restitution to the victim, or even loss of the right to possess or own a weapon. Fortunately, there are possible defenses that can help overcome your assault charge.
You’re legally allowed to use a reasonable amount of force if you believe it is necessary because you believe that you’re in immediate danger from a person using illegal force against you. However, the judge or prosecutor will consider some factors to determine the reasonableness of the force applied, including:
- The nature of the threat made to you
- Your relationship with the assailant
- If the assailant used or threatened to use a weapon
- The size, age and gender of the attacker
- Whether the force you applied was equal to that of your attacker
You have an alibi
Just like in any other criminal accusation, you may be able to get your assault charge dropped if you prove that you were not there when the offense happened.
It was an accident
To use this defense, you have to prove that the event was unforeseeable and you didn’t have any intent to cause harm.
An assault charge can lead to expensive fines and jail time. For this reason, it’s important that you seek legal advice on the most appropriate defense.