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Assault With Physical Injury In Wayne
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State:
Multi-State
County:
Wayne
Control #:
US-000298
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FAQ
Possible Defenses for Assault Self-Defense. One of the most common defenses to assault charges is self-defense. Defense of Others. Similar to self-defense, the defense of others allows an individual to use reasonable force to protect another person from imminent harm. Consent. Lack of Intent. Mistake of Fact. Insanity.
Pressing charges refers to the act of pursuing legal action against someone who has committed a crime. It typically involves reporting the crime to law enforcement and providing evidence that supports the accusation. However, the final decision to proceed with charges is made by the prosecutor, not the victim.
The intent is what allows you to consider it an assault claim. Essentially, a civil assault consists of any intentional, violent action that causes you to feel apprehension and physical harm. You do not even need to be fully struck for it to be considered a civil assault.
If you are attacked, YES you can press charges even if coming out on top. It is probably advisable to press charges, particularly if the evidence is on your side, because your assailant may otherwise claim that you were the aggressor and sue you. Can you sue someone for assaulting you?