Facing assault charges and time in jail is probably not what you imagined for your life. It helps to consult a lawyer as your assault charges may not lead to jail time. There are a couple of different defense approaches your lawyer can use to lessen your sentence.

Self-defense is the old standby defense for assault. If someone was striking you or threatening to harm you and your family, it’s plausible that you would have struck the other person to protect yourself and the members of your household. Self-defense doesn’t even have to occur in your home or on your property. It can occur anywhere that another person strikes you first. If that applies even a little, your lawyer will use this defense in your case.

Mental unfitness is a tricky defense. You have to have a long history of mental and emotional health problems that are well-documented by a psychiatrist, therapist and possibly your general physician. Temporary insanity is slightly more believable because you can be under a high stress situation and have a mental breakdown. Increased levels of adrenaline at times where you feel threatened or scared could also cause you to experience temporary insanity and strike your perceived threat.

Sometimes a partner is mentally unwell and will go so far as to accuse another of assault. The police are called by that partner, and the partner is often arrested by the police because of what the partner is claiming. Assault charges are filed, but a lawyer can prove that the story is unfounded. Your best bet in a case like this is to leave the relationship once the lawyer is able to get the charges dropped. If a partner lied about assault once, they will do it again, and the more often you’re accused, the less likely you will be able to convince a judge that your partner is lying.

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