If you have been wrongly accused of assault and/or battery, there are a number of defenses that can be employed to help prove your innocence.
Work with an Assault and Battery Defense Attorney
Working with a defense attorney will help ensure you present a strong case. They will be able to advise you of your legal rights, as well as put together a strong defense. Some common defenses against assault and battery charges are below.
Assault and Battery Defenses
While self-defense is a common defense, here are a few others that have been used:
Insufficient evidence – If there were no eyewitnesses that saw the alleged assault and battery and no visible injuries on the victim, then a judge might dismiss the case due to insufficient evidence. A common insufficient evidence ruling is that there was no intent to harm the person.
Defense of Others or Property – Everyone is legally allowed to defend themselves, their loved ones, and their property, but only by reasonable force.
Intoxication / Drugs or Alcohol – If the person voluntarily took drugs or alcohol, they cannot then blame their behavior on those intoxicants.
Consent – Both assault and battery charges assume a victim did not consent to the touching.
Insanity – Insanity allows you to claim you were either insane at the time of the offense or during trial. But if this is the case, you will most likely be committed to a mental hospital.
Best Options for You
While some of these are not the strongest defenses, they have been used, and have proven successful. It’s best that you work with a skilled defense attorney to build a case that will restore your reputation and freedom.
Source: Legal Match, Assault and Battery Defense Lawyers, 2014
