Strategies for a Successful Defence Against Assault Allegations

As we have mentioned before, the crime of “Assault,” covers a wide range of crimes for which there are a wide range of sentences upon conviction. In today’s blog we are going to talk about some common defence strategies that are used when someone is charged with assault.

Keep in mind that your lawyer will decide what is the best defence for you based on the law, the charges, and the evidence that the prosecution has against you. Nevertheless, there are some common criminal defences, such as the ones mentioned below.

1. It was not you. In this defence you are demonstrating that the defendant could not have been where the crime happened. Sometimes compelling evidence of this can get a case thrown out altogether because the prosecution does not want to pursue a case that they cannot win.
2. Mistaken Identity. This is similar to #1. Someone resembling you did the crime but it was not you. Here the defense will throw doubt into whatever evidence is being you to show that it was you, such as the photos are too grainy or were photoshopped. Or the witness has poor vision. Or the witness cannot be trusted for some other reason(s).
3. Self Defence. In this defence your side argues that, yes, you did the crime, but you were only acting in self-defence, and therefore you were justified.
4. Acting Under Duress. This is another defence where your side argues that, yes, you did the crime, but you were justified because you were acting under duress.

Remember that in our system of law which is derived from British Law, the accused is presumed innocent, and the defence does not have to prove anything. The burden of proof is on the prosecution. The defence only has to offer up some serious doubt for the judge and/or jury as to the prosecution’s version of events to get an acquittal.

These are just a few possible defences out of a long list. As we said earlier, your lawyer will decide what is best for you and your case. Do not try to out-think your lawyer.

If you are charged with any kind of assault, please contact Gagan Nahal for a free consultation in Vancouver at (604) 527-4769. Mr. Nahal’s law practice focuses on criminal defence law, and he has extensive experience in this area of the law. 

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.