How To Beat An Assault Charge
“One of the potential defenses to an assault charge in New Jersey is that you were defending another person. This is known as “defense of others”. However, you can only use reasonable force equal to the force being used by the perpetrator. And, once he or she is subdued, you must stop using any force, otherwise it would still be considered an assault.”
“Defense Of Others”
Click Here to see the next video, and be sure to view our series on The Top 5 Ways To Beat Any Criminal Charge.
Just as you have the right to protect yourself, you also have the right to come to the defense of others. If someone that you know (your spouse, friend, relative, etc.) is being attacked or threatened, you can come to their aid with the use of physical force.
If your assault attorney can recreate the series of events to show that you were acting in the defense of others, your assault case can be dismissed.
This applies to any assault charge in New Jersey including second degree aggravated assault, third degree aggravated assault, fourth degree aggravated assault, and simple assault.
Now, the key is that you can only use sufficient force to subdue the attacker and the threat, any excessive force or continued assault would then be a crime and would not qualify as defense of others. For example, if the attacker slaps your wife in the face, you can’t hit him with a baseball bat in the head. That would be greater force than he was using and would not qualify as a viable defense of others case.
For more information on assault charges and potential defenses in New Jersey, contact my office now for immediate assistance at 201-556-1570. The initial consultation is always provided at absolutely no cost to you.