There are several common defenses to an assault charge. Such defenses include a statute of limitations argument, mistake of fact, or intoxication. The length of the statute of limitations depends on the type of assault crime charged (i.e. if the crime is a felony or misdemeanor). If available, one can argue intoxication, which may negate the requisite intent of the crime. Moreover, there is the affirmative defense of reasonable provocation. The provocation must be reasonably sufficient to incite the defendant into using deadly force. [6] In general, words or gestures are not enough to constitute reasonable provocation, unless there is a statute that explicitly states otherwise in a jurisdiction.[7] Reasonable provocation, however, will not be a successful defense if the defendant still acts after a reasonable cooling time.[8]