There are various forms of assault, including a mere push, or more aggressive behavior that results in serious injury. If a person has intentionally applied direct or indirect force to another person, without that person’s consent, this is considered assault.
Consent: In order for an assault charge to be valid, the court must prove that the defendant is guilty of applying force to someone without that person’s consent. Sometimes a person can give their consent expressly, or it may implied. The latter is often determined from the situations that surround the offense.
Self -Defense: There are often times when assault is justified, such as self-defense. A person may need to apply force – or threaten to do so – in order to protect themselves, their family, or their personal property. The facts of the case will determine if self-defense has occurred.
Mistaken Belief in Consent: In some cases, a defendant can argue that although consent was not given, it was believed to be implied. If an honest case of mistaken belief in consent occurred, it can be used as a defense in an assault case.
When you consult with the Law Office of Kalina & Tejpal, we offer you access to experienced lawyers who have the experience, resources and knowledge to get you the best defense possible.
We provide a fearless defence for people charged with Guns, Gangs, Drugs, Organized Crime, Homicide, Sexual Assault and serious complicated criminal offences
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