Defenses you can use against assault and battery charges depend on a variety of things – and you should always use a skilled criminal defense attorney before assuming you have a valid defense. This is because the case against you can be straight forward or complex, and only an attorney can decide the best defense approach.
But, there are some common legal defenses used in these types of cases.
A common defense to assault and battery is self-defense. This is one of the most common defenses and to establish you were acting in self-defense, your attorney must:
- Prove that there was an unlawful harm against you;
- Prove that you had an honest, reasonable fear or perceived fear;
- Prove that you did not start the fight or start with the intent to harm anyone;
- Prove that there was no way for you to escape or retreat without engaging in violent force.
You Were Defending Someone Else
You may have a defense against assault and battery if you were acting in a way that protects others. But you must prove that there was a legitimate risk of life or fear for another person’s life that caused you to assault the other person. For example, a man threatens your date and holds a knife to her – that is a justified cause to engage.
While rare, you may be able to use the defense that the other person consulted to the assault. These types of situations mean that the actions the other party took gave you a legitimate assumption that they were inviting assault or retaliation. But, even if you were engaging in consensual behavior, if the amount of violence on your half goes beyond what is expected for the situation, you could still be held liable for any injuries or harm.
Arrested for Assault and Battery? You Need a Criminal Attorney Right Away
Assault and battery is as serious allegation. If you are convicted, you could spend several years in prison and the criminal record alone could ruin your future. If you have been arrested, you need a skilled criminal defense attorney.
Contact the team at Anderson O’Sullivan & Associates right now for a free consultation. We can help defend your assault and battery charges and protect your rights.
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