Potential Defences for Assault Charges From Bar Fights

The potential defences for assault charges stemming from bar fights really depend on the specifics of each individual case. However, the defences used could be similar to defences used for other types of criminal charges. Sometimes, more than one defence is used in combination. In today’s blog, we will briefly discuss some potential defences for assault charges.

Individual Charged Was Not There

This is a great defence A) if it is true, and B) if the defence lawyer can prove it. In today’s world with many businesses and streets having video cameras, and plenty of individuals who also like to film everything with their phone, if someone is somewhere, there is a good chance it will be on camera. Similarly, if someone was elsewhere, video may also be able to prove that.

Just keep in mind that if someone does not show up on camera, that does not prove the person was not there. It does, however, make it harder to prove that the person was where cameras did not pick him or her up.

Mistaken Identity

Mistaken identity is commonly associated with the “not there” defence. Several people may have seen someone that resembles the client charged, except it was really someone else.

Self-Defence

Self-defence is a common defence in assault such as a barroom brawl. Because it makes sense. If several people are in a fight, it may not be a stretch to suggest that a client did not start the fight but rather fought to defend him or herself.

Provocation

Provocation is considered a “partial” defence in that it will not get you off scot-free, but provocation—if proved—could reduce charges and reduce penalties.

On the other hand, depending on what type of provocation it was, the provocation could be considered assault on the part of the other individual doing the provoking, if the provoker was making threats.

Here, above, are just four brief suggestions for potential defences for assault. Your defence strategy is designed by your lawyer with input from the client and will vary on a case-by-case basis. 

If you are in Surrey, BC, and you have been accused of assault, hire a criminal defence lawyer without delay. You are welcome to call Gagan Nahal for a free legal consultation at (604) 527-4769. 

Gagan Nahal is a criminal defence lawyer based in Surrey, British Columbia, although he has represented clients across Canada. He works vigorously and tirelessly defending his clients. 

If you have any questions about this article or you would like to talk to Mr. Nahal, please call him directly at (604) 527-4769.