how to prove that an aggraved assualt charge was self defense.?
Husband was charged with aggravated assault but it was self defense. There are no witness's just the other guys word against my husbands. The guy attacked my husband and was choking him,he tried to get him off and could not so he stabbed him in the leg with a pocket knife. My husband called 911 after this but only my husband was arrested . I do not know what the other guy told the police but this does not seem right to me. My husband is not a violent person and would never just attack someone especially a friend. The guy is going through a divorce and is under alot mental stress.
Your husband needs to get a lawyer as soon as possible. The fact that your husband is the one that called 911 is helpful. A good lawyer would be able to use this and other information to defend your husband.
Self-defense is, in fact, a defense. Therefore, it has to be proved by the defense. The burden won't shift to the prosecution to prove that it wasn't self-defense until after your husband argues that he acted in self-defense. Therefore, once the state proves that this other person was stabbed, the burden will be on your husband to prove that he acted in self-defense.
I'm not sure what jurisdiction you are in, but if it is like Pennsylvania where you have a preliminary hearing before trial, be sure that you have someone who can cross-examine the accuser and get his version of the story on the record so it can be used later. Also, if the guy's story sounds crazy enough, there is a possibility that the charges could be resolved at a prelim. But, for jurisdiction specific information, contact an experienced criminal defense attorney in your area.
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