Can I use self defense to defend a charge for aggravated assault?

Aggravated assault is an assault (threat of violence) which involves serious bodily injury or the use of a deadly weapon, and one in which the suspect shows blatant indifference to human life.  Aggravated assault carries severe penalties.

Aggravated assault can be a second or first degree felony in some states resulting in 2 years to life in prison and up to a $10,000 fine.  There are, however, defenses that can be used to justify your actions.  Some are called affirmative defenses where you admit to the assault but argue that you had a legal reason for doing it; for example, you were trying to prevent others from being injured.

Self defense can be used as a defense; however, you cannot use more force in self defense than you are being faced with.  In other words, you cannot use a gun to defend yourself against someone threatening you with a fist.  You may only respond with a reasonable amount of force – enough to avoid injury to yourself.  If you are in a bar and someone threatens to punch you and you feel you are in danger, you cannot use self defense as a justification if you hit him with a baseball bat because the force is not reasonable.

If you have been charges with aggravated assault, contact a criminal defense attorney who can advise you as to the use of self defense and other defenses to the charge.