Monmouth County Assault Defense Lawyers

Possible Defenses Against Assault Charges in New Jersey 

The potential consequences are serious, but the good news is that there are several potential defenses that we can explore to help clients fight these allegations. 

Every case is unique, so the precise strategy we recommend can only come after consultation with our client and investigation of the case, but there are some common defenses used: 

Self-Defense

New Jersey law allows individuals to protect themselves when they reasonably believe they are in imminent danger of bodily harm. 

To prove self-defense, it must be shown that:

• The defendant was not the aggressor.
• The level of force used was proportional to the perceived threat.
• There was no reasonable opportunity to retreat, or the threat was taking place in one’s own home. 

The Defense of Others

Similar to self-defense, an individual may use reasonable force to protect another person who is facing an immediate threat of harm. 

Lack of Intent

If the defendant did not intentionally or recklessly cause harm or threaten another person, it may be argued that no crime took place. For example, accidental conduct--such as inadvertently bumping into someone--does not meet the threshold for a criminal assault charge.

Mutual Consent

Mutual consent can apply in situations where two individuals agree to engage in a physical altercation. While this defense does not excuse all forms of violence, it may serve to mitigate the severity of the charges if the alleged victim willingly participated in the altercation.

Mistaken Identity

Mistaken identity is another common defense, particularly in cases where the alleged assault occurred in a chaotic or poorly lit environment. Eyewitness testimony can often be unreliable, and a strong alibi or supporting evidence--like surveillance footage--can help prove that the defendant was not involved in the incident. 

Lack of Evidence

We know how to challenge the sufficiency and credibility of the evidence presented. Furthermore, we consistently remind the jury that our client is to be presumed innocent unless proven otherwise. Furthermore, that proof must be beyond a reasonable doubt, meaning that no other plausible explanation exists. Everything about our defense strategy is aimed at creating reasonable doubt in the minds of even a single juror, which can block conviction.