Don’t leave your future up to chance when someone charges you with assault. If you are a member of the military, you deserve the best representation from an attorney who not only knows the ins and outs of assault cases but also how the military legal system works. Unlike the civilian legal system, a military legal system has additional rules and laws regulating proceedings, and hiring a military defense lawyer at Camp Pendleton, like one from The Federal Practice Group, means you are getting someone who is familiar with military proceedings. An assault charge is nothing to take lightly, and it is a serious offense that may land you in a court-martial hearing. Depending on the circumstances surrounding the alleged assault, you could be facing anywhere from forfeiture of 2/3 of your pay for a certain period of time to a dishonorable discharge. Don’t get a civilian attorney when your future rests on this case.
What are common defenses for assault?
When someone accuses you of assault it may seem like you have very little room to explain your side of the story. However, one of our attorneys can help you determine the best defense for your situations and the circumstances surrounding the assault case.
1. You Acted in Self-Defense. If someone is charging you for assault after you acted in self-defense, know that you have every right to defend yourself within reason. When using this defense, it would not make sense that someone jabbed you in the side and you grabbed your handgun to shoot them. However, if someone approached you from behind, attempted to strangle you or hold you down, and you sprayed them in the face with pepper spray or kicked their shin to stop them, this makes sense. If you continued to beat the person up after a reasonable amount of force stopped them, however, this is problematic.
2. You Were Defending Property. This will likely depend on that state that you are in or the type of property you are defending. If, for example, you pull out a firearm because someone stole a bundle of paper from your office desk to use, this is a huge overreaction. On the other hand, if you are at home and there is an intruder threatening to harm you and your family, it is likely a solid defense that you were winning back your property to protect it as well as your family.
3. You Were Defending Someone Else. If you see an attacker harming another person or believe that harm was imminent, one of our attorneys would use this defense to state that you were defending a person who was unable to defend themselves to get them out of harm’s way as soon as possible. Again, in this kind of situation, it is imperative to determine what a reasonable amount of force would be.
Assault charges can ruin your future, and when you are a member of the military you have a great deal to lose. However, an assault charge does not mean you have no options. When you get the help of attorneys, you get a team on your side willing to defend you and ensure your rights are upheld. For more information, contact a law office today.