As provided under Section 5 of the Crimes Act, assault is an immediate physical harm caused by an individual to another, which can be punishable for at least 5 years imprisonment. However, if the assault is a necessary action to secure life, a person can claim self defense and be free from criminal charges.
There are many factors that may lead a person to harm another individual. Generally, assault happens when a person uses excessive force for the purpose of harming or destroying another individual. In establishing evidence of assault, it is essential that there should be a physical attack which resulted into a bodily injury of another person.
However, not all people who have been charged of assault are sentenced to final judgment. In an event, where it is imperative to harm another individual to protect oneself from an unlawful aggression and secure life, the accused can claim self defense to justify his acts. In a broader sense, self defense eliminates the criminal liability of an individual who commits an assault.
Thus, in an instance wherein one individual points a gun to another in a shoot-to-kill manner, the offended party can do all methods to get rid of the situation and protected himself from being killed. In claiming for self defense, it is essential to establish that there is a reasonable necessity to perform such act and that there is no other way to get rid of the unlawful aggression.
In cases involving assault, self defense seems to be one of the most typical defenses of accused parties to be freed from criminal liabilities. A person who has physically hurt another person, who by excessive force, takes a personal property can also claim self defense. In this situation, self defense can be viewed as a necessary means to protect one’s property.
Claiming self defense can be a lengthy procedure. Any person who claims self defense needs a good representation to counterattack the prosecution’s evidences and win the case. It should be noted that the court is very tight in cases concerning violence.
If you are facing charges on assault causing bodily harm and you honestly believed that it is a necessary means to protect yourself, you may contact
Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.