When faced with danger or someone threatening to harm you, your first reaction is to protect yourself. But what happens when you use too much force, causing excessive injuries to another person?
There is a thin line between self-defense and assault. Crossing that border could earn you an assault allegation, even if you were just trying to protect yourself.
The main difference
Self-defense and assault both use physical force. However, a key aspect differentiating the two is the reason you used that force. Assault involves the intent to harm or instill fear. Self-defense, on the other hand, is a response to that. It involves protecting yourself from harm or counteracting violence.
For example, you used your judo skill to flip a man about to punch you. It is considered self-defense, as you are protecting yourself from potential harm. But it would now paint a different story if you continued to hurt the other person after flipping them on the ground. When you exert far more force than the initial threat imposed on you, it can already be deemed assault.
Reacting to a provocation is not self-defense
Self-defense is different from responding to a provocation. Although a person agitates and incites you to do something, it is not considered as an immediate threat. While you cannot justify an assault based on provocation, it can help mitigate charges against you.
People have varied reasons for harming others. Some will do it to gain things or establish power, but others will do it to protect themselves. The reason you present will significantly influence your case. Talking to a competent criminal defense lawyer who would empathetically listen to your side of the story could help you effectively respond to your assault accusations.
