Standing Your Ground: When Self-Defense is Mistaken as Assault

In the heat of the moment, when faced with an imminent threat to our safety, acting in self-defense is an instinctive response that many of us have experienced.

But what happens if your efforts to protect yourself are misinterpreted, leading to an arrest on assault charges? 

Unfortunately, such situations are not uncommon, and understanding your rights and legal options can make all the difference in how your case unfolds.

KEY TAKEAWAYS:

• Self-defense claims hinge on proving imminent danger, proportional force, and adherence to state-specific requirements.
• If arrested for assault, it’s crucial to follow certain protocol to ensure your case can be dismissed and your innocence maintained.
• An experienced criminal defense attorney is key to navigating the complexities of self-defense cases, protecting your rights, and building a strong defense to challenge assault allegations effectively.

Defending yourself during an altercation can feel highly uncomfortable and even scary. Add to that an assault charge that’s unfairly brought against you can add more injury to the situation (and do long-term damage to your reputation).

Whether you’re facing a stressful legal situation or simply want to know your rights, let’s look more closely at what happens when you face an assault charge and provide you with actionable advice that can help.

Knowledge is Power: Understanding Self-Defense Laws

Self-defense laws vary by state, but the underlying principle remains the same.

Individuals have the right to protect themselves, others, and, in some cases, their property from harm. However, for an act of self-defense to be legally justified, it must meet specific criteria.

• Imminent Threat: The danger must be immediate and real. You must believe that your actions are necessary to protect yourself or others from harm.
• Proportional Force: The level of force used must be proportional to the threat faced. Using excessive force in response to a minor threat could jeopardize a self-defense claim.
• Duty to Retreat: Some states require individuals to attempt to retreat or avoid the conflict before resorting to force, unless they are in their own home (the “Castle Doctrine”).
• Stand Your Ground Laws: In states with “Stand Your Ground” laws, individuals have no duty to retreat and may use force, including deadly force, to defend themselves if they believe it is necessary to prevent serious harm or death.

While these principles may seem straightforward, interpreting them in real-life scenarios can be complex, often leading to misunderstandings as well as legal disputes.

Self-Defense or Assault? Why Assault Charges Sometimes Occur

Despite acting with the intent to protect yourself, self-defense can often be misconstrued as an act of aggression. 

Several factors can contribute to this misunderstanding:

• Conflicting Accounts: Eyewitnesses, including the alleged victim, may provide differing accounts of the incident, portraying you as the aggressor. not the victim.
• Pre-existing Tensions: If you and the other person have had conflicts in the past, your actions may be viewed through the lens of those encounters.
• Lack of Evidence: In fast-moving situations, there may be little concrete evidence to support your claim of self-defense.
• Perception of Excessive Force: If your response to the threat is seen as more aggressive than was necessary, your self-defense decision may still be seen as assault.
• Bias or Misjudgment: Sometimes, law enforcement officers or prosecutors may misinterpret the circumstances or make premature conclusions based on incomplete information.

If you’re arrested for assault under these circumstances, it is vital to act quickly to protect your rights.

You’ve Been Arrested: Now What?

Being arrested for assault can be an overwhelming and frightening experience, especially if your actions were the result of feeling like you had no choice but to protect yourself.

Here are the first steps you will want to take after an assault charge:

1. Remain Calm and Cooperative: Resisting arrest or arguing with law enforcement can worsen your situation. 

Stay calm, polite, and cooperative throughout the arrest process. While it’s natural to feel frustrated, maintaining composure is crucial.

2. Invoke Your Right to Remain Silent: After your arrest, law enforcement officers may try to question you about the incident. 

While it’s tempting to explain your side of the story, it’s important to remember that anything you say can—and likely will—be used against you in court. Politely decline to answer questions until you have legal representation.

3. Request an Attorney: Your first course of action after being arrested should be to request an attorney. 

An experienced criminal defense attorney will guide you through the legal process, protect your rights, and build a strong defense strategy on your behalf.

4. Document Your Account of the Incident: As soon as you have the opportunity, write down your account of what happened. Include as many details as possible, such as the sequence of events, the actions of the other party, and the reason you felt compelled to act in self-defense. 

These details will be critical to your attorney in building your defense.

5. Preserve Evidence: Gather any evidence that supports your claim of self-defense. This may include photos of injuries, witness contact information, surveillance footage, or items involved in the altercation. 

Your attorney can help you identify and preserve relevant evidence.

6. Identify Witnesses: If there were bystanders who witnessed the incident, their testimony could be invaluable in corroborating your version of events. 

Share their names and contact information with your attorney so they can be contacted for statements.

7. Follow Legal Procedures: Attend all court hearings, comply with court orders, and work closely with your attorney throughout the legal process. 

Ignoring legal requirements can weaken your case and result in additional penalties.

Geigle | Morales: Protection You Can Count On

Being arrested for assault when you were simply defending yourself is unfair. 

In such moments, it’s crucial to know your rights, build a strong defense, and ensure your side of the story is heard. Navigating the legal system alone can be daunting, but you don’t have to face it without guidance.

At Geigle | Morales, we specialize in defending those accused of assault, particularly in cases of self-defense. 

Our experienced legal team understands the complexities of self-defense laws and is committed to protecting your freedom and reputation. We will fight aggressively to ensure that your actions are accurately represented and justice is served.

Your future and your rights matter. Don’t let a wrongful charge define you—contact us today for a confidential consultation. Let’s build the defense you deserve.