Assault on a female is a more serious misdemeanor offense that carries harsher penalties than simple assault and battery in North Carolina. You could be charged with this offense if you committed an assault, assault and battery, or affray against a female and were 18 years old or older when the crime was committed. However, there are a number of defenses that can help you fight the serious charges you face.
Five Defenses to Fight Assault on Female Charges in Charlotte
Even if you believe you are guilty of the crime of assault on a female, you could have strong defenses that you can use to try to get the criminal case against you dismissed or the charges reduced to a lesser offense. You would need the help of an experienced criminal defense lawyer to identify the defenses that would apply to your situation. Here are five possible defenses that could help you:
- Self-defense. If you were initially attacked by the woman you are charged with assaulting, you may be able to raise self-defense to fight the charges. If she assaulted someone else and you were protecting them, defense of others could be a viable argument. You would also need to show that your response was reasonable given the threat others or you faced.
- No unlawful touching. Depending on the facts surrounding the alleged assault on a female, you may be able to argue that no crime was committed because you did not touch the woman or threaten to do so.
- False accusations. If you were romantically involved with the victim or you had a prior romantic relationship, she might falsely accuse you of assaulting her. If this is true, a skilled lawyer could raise the defense that the accusations are false.
- Consent. You could argue that there was no assault on the victim if she consented to the actions you took against her.
- Insufficient evidence. The prosecutor has the burden of proving all the elements of the crime of assault of a female beyond a reasonable doubt. If there is a lack of evidence to meet this high burden of proof, this could be another way to defend against the charges.
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If you are facing criminal charges, you need to speak with an experienced criminal defense attorney as soon as possible. Please contact us online or call our Charlotte office directly at 980.207.3355 to schedule your free consultation.