Montgomery, Adams & Wyatt, PLC

Montgomery, Adams & Wyatt, PLC

Criminal, Family and Probate Law
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Assault with a deadly weapon charges may be defensible

Facing any kind of criminal accusation can disrupt your life and destroy your reputation. Simply facing charges will have drastic consequences, so the potential effects of a conviction would be catastrophic. This is especially true if the charge in question is a felony such as assault with a deadly weapon. If you are facing this or any other criminal charge, you should know what defenses may be relevant.

Assault with a deadly weapon is defined as a physical attack that is carried out with a weapon or object capable of inflicting severe injuries. The following are three examples of potential defenses that may be applicable if you are hit with an assault with a deadly weapon charge:

No force or injury

You may be charged with assault with a deadly weapon even if the event in question did not involve any forcible injury. The charge can stem simply from the potential of such events, even if they do not occur. It is difficult to determine what qualifies as a deadly weapon and what constitutes assault, so charges can be pressed on grounds that are entirely subjective, including instances of no injury. 

Acting in self-defense

Defining self-defense is a legally murky area, and it is even further complicated by the fact that many states have different standards of qualification. According to Arkansas News, though, the criteria in the state are pretty clear, and a person may be entirely justified in using deadly force if she or he believes the target may have been planning to commit a violent crime or physical assault.

False accusation

Of course, it is true that many charges simply stem from false accusations. People are in the wrong place at the wrong time, and the repercussions can last a lifetime. If you have been charged with assault with a deadly weapon and are not guilty of the crime, building a defense can still be difficult. It is important to understand your legal rights and pursue justice to clear your name.

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