Assault with a deadly weapon such as a knife or gun is a highly grievous crime that entails serious repercussions when convicted. Even if it is the first offense, you could be sentenced up to four years in jail with a hefty fine. In some cases, judges have mandated that offenders take an anger management course while under probation. The following are four defenses to an assault with deadly weapon charge that you and your attorney can review over and decide which best pertains to your case.
- You never used a deadly weapon or caused an injury
- You acted in self-defense or you were defending someone else
- You were complying against your will
- You are being falsely accused
You technically cannot be charged with assault with a deadly weapon if you did not have an object on you that could be used to cause harm. Also, if you did not cause injury to another person at the time, your Palm Beach attorney can argue that you are not guilty of this crime. This is when the first defense would come in handy during your case. If you use the second testimony and claim that you acting in self-defense or the defense of another, you would have that the situation you were faced with would cause you great harm. You would also have to prove that you believed the force you used against the attack was necessary for your protection.
If you plead that you did not act willingly to commit the crime, you and your lawyer will have to work hard to bring the correct evidence to light that proves that you were forced against your will. This works as a great defense if you can prove it sufficiently. The last defense, false accusation, is one of the most common testimonies in an assault with a deadly weapon charge. Many times suspects get accused of a crime they did not commit simply because the witness made a mistake in the identification process.
If you find yourself facing an assault with a deadly weapon charge, contact your local Palm Beach criminal defense attorney immediately.
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