A defendant charged with aggravated assault in Philadelphia faces up to 10 to 40 years in prison depending on the degree of bodily injury and a fine of up to $25,000 if convicted. In addition, felony convictions can severely impact an individual’s reputation, lead to a permanent criminal record and loss of rights, and create challenges for future employment.
In order to protect clients’ rights and improve the likelihood of a dismissal, acquittal, or reduced sentence, a proven aggravated assault attorney could use any of a number of relevant defense strategies.
Learn about eight common defense strategies for aggravated assault that could help deliver a more favorable outcome.
1. Self-Defense or Defense of Others
This defense strategy could help show the defendant used a proportionate level of force while truly believing that they or someone else was facing imminent danger of death or serious physical harm. Evidence that could potentially support a self-defense claim includes video recordings, eyewitness testimony, medical records, duty to retreat, and forensic evidence.
For a free legal consultation, call 215.515.3360
2. Lack of Intent
Based on the circumstances, a Philadelphia aggravated assault attorney could argue the act was entirely accidental or not intended to cause serious bodily harm. This defense can also help demonstrate the injury was simply due to reckless or negligent behavior and not accompanied by “extreme indifference to the value of human life.”
The burden of proving “beyond a reasonable doubt” that criminal intent was involved lies on the prosecution.
3. False Accusation or Mistaken Identity
Depending on the details of the case, an aggravated assault attorney could contest the accuser had a motive to lie and therefore deliberately and falsely claimed that the defendant committed a crime. This may be due to mental health issues or motivated by factors such as revenge, a child custody battle, an insurance claim, or financial gain.
A mistaken identity claim, on the other hand, can help demonstrate the defendant was wrongly identified as the perpetrator. In this situation, a defense lawyer may challenge eyewitness identification procedures, introduce evidence of another possible suspect, or point out discrepancies in descriptions.
4. Alibi
If relevant, a strong alibi defense could help lead to a dismissal or acquittal. Examples of verifiable evidence that could help prove the defendant was somewhere else when the alleged assault occurred include witness testimony, surveillance footage, cell phone GPS data, and documentation like receipts or timecards.
5. Challenging “Deadly Weapon”
If the defendant used a non-traditional object in the alleged assault (e.g., common household items), a Philadelphia aggravated assault attorney could argue that it does not meet the definition of a “deadly weapon” in the statute, and that it was not used in such a way that was intended or likely to result in death or serious bodily harm.
6. Mutual Combat
Mutual combat claims can be used in situations where both individuals willingly participated in the altercation. This defense requires that the other person consented to the fight and the defendant was not the aggressor. In addition, it must not involve a deadly weapon or the intent to cause serious physical harm.
7. Lack of Evidence
If applicable, an assault attorney could challenge the sufficiency and weight of the evidence. This includes the consistency and reliability of witness testimony as well as medical, physical, or forensic evidence in an effort to portray the prosecution’s case as weak. Successfully doing so can help achieve a not guilty verdict since the case is deemed not strong enough to prevent reasonable doubt in the minds of jurors and judges.
8. Plea Bargaining
If there is strong evidence against an individual charged with aggravated assault, a defense attorney may recommend negotiating with the prosecution for a less severe charge or reduced sentence. By pleading guilty to a lighter charge or sentence, the defendant may avoid harsh punishments and lengthy imprisonment — which they may otherwise receive if convicted at trial.
Are you or a loved one charged with aggravated assault in Philadelphia? Schedule your free consultation with our reputable defense attorneys by calling 215-515-3360 or contacting us online today!
