According to the laws of Louisiana, an assault charge can carry some significant consequences if one is convicted. For this reason, if one is accused of such a crime, choosing the right criminal defense strategy is key. This week's column will address two common defenses used in assault cases.
The first defense that will be discussed is self-defense. Protecting oneself is a right everyone should enjoy. When criminal charges result from doing so, one will have to provide evidence that the act was deemed necessary. To do this, one will need to establish that there was a threat of harm without provocation, a perceived fear of bodily harm and that there was no other way out of the situation. One will also have to show that the amount of force used was reasonable under the circumstances.
The second defense strategy that will be discussed is protecting others. If one comes to the defense of another person, there must be -- just like in self-defense -- a threat of harm without provocation, perceived fear of harm and no other way to resolve the issue. So, here again, reasonable grounds for the act must be established.
These are just a few of several options one may have to fight an assault charge in Louisiana. After one's criminal defense attorney reviews the full details of one's case, these and other defense options can be discussed so that the best course of action can be pursued. Though fighting violent crime charges can be a challenge, with the right defense strategy prepared, one can achieve the best possible outcome for his or her circumstances.
Source: FindLaw, "Assault and Battery Defenses", Accessed on April 25, 2017