Tourists and self-defense against assault

In only a little while, Biketoberfest will be here again, bringing with it thousands of bikers, beer chugging and raucous good times. Of course, there is always the possibility that things might get out of hand during the festival, and an act of violence might take place. If violence does occur, the individuals involved may face assault charges. These individuals would want to make sure that they have proper guidance from an attorney who understands how to defend against assault charges, and also understands how to defend tourists.

In assault cases, the thing that a person needs to demonstrate is that if he or she acted violently, it was for justifying reasons. In the vast majority of cases, this means proving that the accused person acted to defend him or herself or to defend others. To show this, a person must usually meet a few criteria. First, they must show that there was some threat of harm against them. Second, they must show that they did not provoke the threat against them. Third, they must show that there was no reasonable opportunity to retreat and leave the conflict.

It is also important to consider the whether the level of force used was appropriate. Even if a person is defending him or herself, if he or she takes action that is far beyond the threat posed by the victim, a court may not look kindly on this. Similarly, courts are not fond of self defense claims when the victim is much less physically threatening, either in size, age or ability.

If you or someone you love faces assault charges for any reason, be sure to seek out proper legal counsel. Your future and freedom depend on building a strong defense that protects your rights.

Source: Findlaw, "Assault and Battery Defenses," accessed Sep. 28, 2017

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