Legal Defense In Assault Case

I shoved someone and was charged with assault. I didn’t intend to hurt him. Is this a defense?
Posted 1 year ago  |    0  | 
Criminal Defense
Criminal Defense

2 Answer(s)

Ravindra Purohit
Advocate

Usually, a person cannot be convicted of a crime based on an act that is accidental. Rather, the prosecutor must prove that the defendant acted intentionally, knowingly, or recklessly. People act intentionally when their purpose is to cause a particular result or engage in a particular course of conduct. People act knowingly when they are aware of the nature of their conduct or the surrounding circumstances. People act recklessly when they are aware of and consciously disregard the risk their conduct poses to others. Reckless conduct is always a great departure from how a law-abiding person would act.

Tanushree Sharma
Advocate
It's usually not a defense to the crime of assault that you did not intend to injure the victim.In most cases if you intentionally (rather than accidentally) shoved the victim, you can be convicted of assault, whether you intended to injure the victim or not. In other words, it’s the intent to shove, regardless of the intent to cause the resulting injury, that justifies a charge of assault.

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