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Assault charges can stem from many situations, from a domestic dispute to a bar fight to a misunderstanding with a complete stranger. Some assault charges might seem minor; after all, can an altercation at your favorite establishment over a sports game really result in criminal penalties and lasting consequences?

The reality is that, yes, any assault charges can result in costly penalties and a conviction on a permanent criminal record, which can affect your life for years to come. The good news is that you do not have to simply accept assault allegations. You can present a strong defense in an attempt to have your charges dismissed or reduced. However, to do so, you need representation from a trusted North Carolina criminal defense lawyer.

If you’re facing assault charges of any kind, never wait to consult with our defense team at Schlosser & Pritchett.

Common Defenses to Get Assault Charges Dropped

North Carolina assault cases can be complicated, as they involve conflicting accounts of events and often rely on the credibility of witnesses. The best defense strategy will depend on the circumstances of your specific case and the evidence against you.

Self-Defense

One of the most common defenses against assault charges is claiming self-defense. However, most people fail to realize how legally complex it is to successfully prove self-defense.

Your defense attorney must establish that:

To successfully argue self-defense, your criminal defense lawyer will gather evidence, such as witness testimonies or video footage, that supports your claim. They will also analyze the circumstances surrounding the incident, including any prior history of violence involving the other party. By presenting a compelling case for self-defense, your attorney can work towards having the assault charges dismissed.

Insufficient Evidence

Another defense strategy to get assault charges dropped is by challenging the prosecution’s evidence. If there is insufficient evidence to prove beyond a reasonable doubt that you committed the assault, the charges against you could be dismissed, or you can be acquitted at trial.

Your criminal defense attorney will carefully examine the evidence presented by the prosecution, including witness statements, forensic evidence, and any other relevant information. They will look for inconsistencies, contradictions, or gaps that cast doubt on the accuracy or reliability of the evidence.

Mistaken Identity or False Accusations

Mistaken identity or false accusations can also be effective defenses to assault charges. If you can demonstrate that you were wrongly identified as the assailant or that the allegations against you are false, the charges may be dismissed.

Your criminal defense attorney will investigate the incident thoroughly, gathering evidence that supports your claims of mistaken identity or false accusations. They may interview witnesses, review surveillance footage, or uncover other evidence that undermines the credibility of the accuser. By presenting a compelling case that casts doubt on your involvement in the assault, your attorney can work towards having the charges dropped.

Constitutional Violations Upon Arrest

If your constitutional rights were violated during your arrest or the subsequent investigation, it may be possible to have the assault charges dropped. Any evidence obtained illegally or through a violation of your rights can be challenged and suppressed in court.

Your criminal defense attorney will carefully review the circumstances of your arrest and the actions of law enforcement officers. They will identify any constitutional violations, such as an unlawful search or seizure, coercion, or denial of your right to an attorney. By filing a motion to suppress the illegally obtained evidence, your attorney can undermine the prosecution’s case and increase the likelihood of having the assault charges dismissed.

The Importance of Experienced Defense Representation

Assault charges can have serious consequences, including fines, probation, and even imprisonment. With so much at stake, you want to have skilled and knowledgeable criminal defense representation. Assault charges are defined under North Carolina law and can include various offenses such as simple assault, assault and battery, and aggravated assault. Each offense has its own set of elements and potential penalties. The right attorney can work to minimize or eliminate the penalties you face.

Greensboro Criminal Defense Lawyer

Greensboro Criminal Defense Lawyers You Can Trust

If you have been charged with assault in North Carolina, don’t hesitate to seek the help of experienced criminal defense attorneys. Schlosser & Pritchett is here to provide you with the aggressive representation you need to beat your assault charge whenever possible.

Contact our firm today to schedule a consultation. Our skilled attorneys will fight tirelessly to protect your rights and help you achieve the best possible outcome in your case.

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