Scenarios In Which An Accident Defense May Be Applicable In An Assault Case
Saying that you made an accident after you've been charged with assault might seem like a poor excuse that won't get you anywhere, but the reality is that this defense can be applicable in a variety of circumstances. To be clear, hiring an assault defense attorney and pitching the accident defense isn't going to get you very far if you punched someone, used a weapon against someone, or otherwise performed a blatant assault. However, if you injured someone without any intent to do so, a skilled attorney may be able to build your defense by painting a picture of your actions and how you didn't mean to harm the victim. Here are some applicable scenarios.
Martial Arts Activities
It's possible that you could inadvertently injure someone while practicing martial arts. For example, if you and a friend are each enrolled in a certain type of martial arts, you might get together on your own time to practice a little. Whether you're striking or grappling, it's easy for one of you to get hurt to some degree. For example, you could knock the person's tooth out while striking or dislocate his or her shoulder or elbow while grappling. In many cases, the other person will understand that this was a risk for this activity, but it's also possible that the person will be upset and pursue assault charges against you.
Inadvertent Contact
There are many potential scenarios in which someone could walk too close to you while you're moving and end up getting injured. Even if the injury is severe, this shouldn't constitute assault. For example, perhaps you're in a crowded room and you turn your arm quickly and knock someone over, leading to a head injury. Or, maybe you and some friends are playing ball at the park, and you throw a ball that hits someone in the face.
Mistaken Identity
It's possible that you could wind up with an assault charge following a scenario of mistaken identity. For example, perhaps you see someone when you're out in public and believe that this person is a friend. If you and your friend have a relationship that includes roughhousing, you might approach the person and body check or grab him or her. You'll likely be surprised to realize that this person isn't your friend—and he or she may not be very tolerant of your mistake, calling the police to have you charged with assault. These scenarios are prime candidates for an accident defense.
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