The Defense Never Rests

Options to fight felony assault charges

On Behalf of | Aug 21, 2023 | Criminal Law

Felony assault charges include a level of intent and deliberation. The reckless, intentional behavior transitions this charge from a misdemeanor assault charge to felony levels. Felonies carry harsher punishments and greater long-term ramifications if convicted, making it that much more important for you to fight the charges.

There are a few ways to fight a felony assault charge in court.

Challenge the intention

A conviction on felony assault charges requires that the prosecution prove, beyond any reasonable doubt, that you caused physical harm to the victim knowingly, recklessly or intentionally. Cast doubt on those elements with an argument that the incident was accidental or unintentional.

Present evidence of self-defense

Indiana criminal code 35-41-3-2 preserves your right to defend yourself and others against physical harm or criminal actions. Any evidence that the incident in question occurred in an effort to protect yourself, a third party or your property from harm or a crime is permissible as a reasonable defense.

Rely on other affirmative defenses

Sometimes an affirmative defense, aside from the castle doctrine, is the most effective. You may have no liability for an assault that occurs if someone drugged or otherwise impaired you, leaving you unable to understand your actions. Assault under duress also serves as an affirmative defense if someone forced you into the situation.

A felony conviction can affect your career, your ability to rent a home and your standing in the community. These avenues provide grounds to fight the charges and protect your freedom and your future.