How to Plead Prevention of Crime Defense to an Assault Charge
Assault is justified in many circumstances if you are acting to stop a crime, especially a violent one. There are a few things you should keep in mind if you wish to plead prevention of crime as a defense to an assault charge.
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Instructions
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Demonstrate that the person you assaulted was conducting or was immediately about to conduct a crime. You need to show reasonable grounds on your part for believing this at the time of the assault.
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Show why other recourses were not feasible or prudent in the situation. For example, show why you were not able to call the police or why waiting for the police to arrive would have resulted in harm to you or another person.
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Explain how the force you used was appropriate to prevent the crime in question. If you wish to plead prevention of a crime, it helps if you can show that you didn't "go overboard," or use more force than you needed.
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Note the moment when you stopped using force, and show why the other person constituted a threat up until that moment. In other words, show that you stopped as soon as it was prudent once your opponent had been subdued, and that you could not reasonably stop before that in order to prevent your opponent from causing harm.
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Point out appropriate steps you took after the incident to help resolve things, such as calling the police, summoning an ambulance or removing potential victims from harm's way.
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Contact an attorney. It is unwise to construct a defense against criminal charges without a good lawyer on your side. The FindLaw website (see Resources below) can help you select one that's right for you.
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Tips & Warnings
Prevention of a crime defense often depends on arrest reports and police accounts of the event. Have your lawyer check to see whether a criminal charge was filed against the person you assaulted, and whether that constitutes grounds for you to plead prevention of a crime.
The person you assaulted may file civil charges in addition to the criminal charge that was filed against you. Criminal and civil law varies in many ways, so be prepared to address both.
