While their legal definitions are different, the concepts behind self-defense and aggravated assault are often confused or conflated. Yes, both involve violence – but even an attempt to defend oneself is just one element away from becoming a criminal offense.
There’s a very fine line between self-defense and aggravated assault, and that line can sometimes blur. In particular, self-defense can cross dangerously close or lead to aggravated assault based on three factors.
Intent
Perhaps the most significant factor that divides the two is intent. Self-defense assumes that the person using force does so with the intent to protect themselves or others. On the other hand, aggravated assault assumes the person using force intends to cause harm.
Reasonable force
Although both self-defense and aggravated assault involve force, the key difference lies in the amount used. In self-defense, persons can use reasonable force to protect themselves or others from harm, especially in response to the other person’s impending use of unlawful force. Meanwhile, aggravated assault involves force that is excessive or intentional.
Circumstances
The circumstances surrounding the use of force can also decide whether a person performed an act of violence in self-defense or otherwise. For instance, if a person uses force in self-defense in their home, a court may consider it more justifiable than if they used force against another person who isn’t an immediate threat in public.
If you’re currently facing charges of aggravated assault for something you genuinely believe was an act of self-defense, it’s important to understand the differences between the two. Consider consulting with a legal professional who can review your case and help organize your defense.
