Key Differences between Assault and Self Defense in Tijuana

Using threat or force is a criminal offense in Tijuana, Mexico. Oftentimes, assault is confused with self-defense. This makes navigating legal cases harder for the falsely accused individual.

There’s also another distinctive type of assault known as battery. It's the act of committing an act of violence against another person. However, several acts that may look like assault are self-defensive. Since the differences between assault and self-defense are murky, you may need an adept criminal defense attorney in Tijuana, such as Fabian Meneses.

In this article, let’s take a look at the main differences between assault and self-defense and how to establish cases around them.

Establishing Self-Defense

Self-defense in Tijuana has four key components:

·         The act was carried out to stay safe from an imminent danger

·         You were trying to stop someone from assaulting a third person

·         The show of force was strictly to protect yourself or another person from assault or battery

·         The force applied hasn’t exceeded the threat’s extent

A self-defense case must comply with the above-mentioned key points, thereby strengthening an individual’s case.

Distinguishing Factors Between Assault and Self-Defense

The two main factors that create a fine line between an assault and self-defense cases are discussed below:

1.     Imminent Threat

Any assault or self-defense case must start with an imminent or an actual threat, which means an individual must have been subjected to a threat that makes them use force under reasonable belief.

For example, your perpetrator made a verbal threat of killing you with or without intention. Now, if this threat posed immediate harm, you may use force self-defense; however, prosecutors can argue if you made a physical move against the perpetrator.

In such cases, always exercise caution and inform the police. You can also schedule a quick consultation with a qualified violent crime attorney at Meneses Legal in Tijuana.

2.     Necessary Force

Self-defense can be proven if the force applied doesn't exceed the threat. This is known as necessary force. For example, you can use force to stop a violent crime like a robbery, battery, or sexual assault against yourself or another person.

However, applying force may be considered unnecessary if the crime was not violent and harmful to another person.

When You've Been Accused of Assault

Being accused of assault in Tijuana can have a negative impact on your record and character. Therefore, don't delay hiring a qualified bilingual attorney like Fabian Meneses. To prevent arrests and other legal risks, seek assistance from a professional criminal defense attorney in Tijuana. Professional and experienced cross-border and criminal lawyers can help you prepare a strong case for self-defense in Mexico.

Contact criminal defense lawyers at (664)500-6896 in Tijuana or (619)777-8627 in San Diego to learn more about their services right away!