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Possible defenses to assault and battery charges

| Nov 8, 2021 | Criminal Defense

Facing assault and battery charges may harm your reputation, not to mention how a conviction for such a crime may result in jail. It is therefore important to fight these charges by employing some of the defense strategies discussed below. 

The defenses vary according to the circumstances of each case. For instance, what may be applicable in one case may not apply in another. That’s why it is advisable to make informed decisions as you devise a strategy to defend yourself against the charges you are facing.

Possible defenses include:

Self-defense

It is among the most commonly used defenses in assault and battery cases. To claim self-defense, you must show that:

  • A threat of unlawful force or harm against you existed
  • There was reasonable fear that you were in danger
  • The threat or fear did not come from provocation on your part
  • There was no easy way to get out of the confrontation

Self-defense is open to interpretation based on the amount of force used, which should be commensurate with the threat posed.

Defense of others

Defense of others is similar to self-defense, only that this time, you are defending another person. Again, you must show reasonable cause for your concern for the well-being of the other person.

Defense of property

You may be able to claim that you acted in defense of your property to protect it from being illegally invaded or harmed. Different jurisdictions’ laws may vary when it comes to the availability or extent of this defense. Generally, you are not allowed to use force to protect disputed property. However, if the property has been directly stolen from you, you may be entitled to use force.

Consent is a defense

If an individual voluntarily consents to a particular act, then the act cannot form the basis of assault and battery. However, if the act exceeds the permissions provided, it can be grounds for assault and battery charges. It is important to note that no one can consent to bodily harm since it violates public policy, and such harmful actions may still be punished under the law.

These defenses are not as straightforward, and things may get complex, depending on the circumstances. It is, therefore, essential that you are well aware of how the law addresses assault and battery cases to increase the chances of a successful outcome for your case.

 

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