You Can Have A Defense Against An Assault With A Deadly Weapon Charge
The malicious nature of assault with a deadly weapon makes it a serious charge with potentially severe consequences. However, not every person charged with this crime is a cold-hearted individual who was looking to seek harm. For this reason, you can introduce a possible defense for this charge.
Self-Defense
When a person feels as though they are being attacked or violated, they have every right to defend themselves. For example, if two people were in the middle of a verbal altercation and one person charged the other person, the individual on the receiving end could pick up a nearby object in an effort to repel the other person or to defend themselves against physical harm.
In this case, even if the individual attacked the other person with the object and was charged with the crime, self-defense could be used as a defense to this charge.
False Accusations
The unfortunate truth is that people lie. People will lie and say that one person attacked them with a weapon when, in reality, no such thing has occurred. For instance, a scorned lover can make a false claim that they were attacked with a weapon for no other reason but to retaliate against the other person.
In this type of scenario, a witness can prove to be especially critical in your defense. A witness to the altercation can state what actually happened and testify that you did not have a weapon during the incident.
Wrong Classification
There is a misconception that any object can be deemed as a weapon, but it's simply not the case. For example, if two people are involved in an altercation, one person has an object in their hand and they use it during the altercation, the object can only be considered a deadly weapon if it is, in fact, capable of causing serious injuries or was used with enough force to cause serious injuries.
An object like a handbag would often likely not fall into this category. If you have been charged with this crime and the object you used has been classified incorrectly, you can use this discrepancy as a defense.
Proving Your Innocence
Having a defense for this charge is the first step in your fight for justice. However, a defense alone is not enough. You need to argue for and prove your innocence. An attorney can help you with this step. An attorney will work hard to argue your defense in an effective and convincing manner to fight for the best possible outcome for your case.
If you or a loved one is facing this charge, do not underestimate its severity. Speak with a criminal defense attorney as soon as possible to go to work on your defense.
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