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Defending yourself when accused of a violent crime

Defending yourself when accused of a violent crime

| Sep 30, 2020 | New York State Criminal Defense

While acting violently is usually best avoided, there are some situations in which it is the only option to avoid being harmed. If you have recently been accused of a violent crime, you may have a good explanation for why you did act violently, or you may have been wrongly accused of the act. Regardless of the situation, you have the right to defend yourself before you face charges.

Therefore, it’s important that you take the time to understand the different defense options at your disposal so that you have the best chance of having charges reduces or dismissed altogether. The following is an overview of the defense possibilities after a violent crime accusation.

Arguing self-defense

Arguing self-defense is one of the most common defense strategies after an accusation of assault. Violent behavior is often provoked by a threat of violence. In order to be successful in arguing that you acted in self-defense, you must be able to show that you were subject to a viable threat of violence that gave you fear of immediate harm. To avoid becoming harmed yourself, it must have been necessary for you to act with some level of force. You must be able to show that you used an appropriate level of force for the threat posed.

Arguing mistaken identity

When multiple people are involved in a brawl, you may have been the responsible person trying to break up the fight so that no one gets hurt. However, fights that involve many people can be very confusing to witnesses, and if someone saw that you were present in the brawl, they may mistakenly accuse you of being violent. To successfully argue mistaken identity, you may be able to cite lack of evidence, or prove that you had no weapons on your possession.

If you have been accused of a violent crime, you may face jail time, and the charges could have implications for the rest of your life. This is why it is so important that you take swift action to defend yourself.