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Defending yourself against assault and battery charges

| Nov 7, 2021 | Criminal charges

Assault charges can turn your life upside down. You may not only be staring at the possibility of jail time but also a lifetime of difficulties stemming from having a criminal record if you’re convicted of such a crime. 

There are some cases in which your use of force may have been justified, though. While every assault case is unique, one detail that’s clear among them is that you need to mount a serious defense in your case. Below are some possible defense strategies you may consider employing in your legal matter.

Self-defense

This is perhaps the most common defense employed in assault and battery cases. To prove self-defense, you must show that there was a threat of force against you that resulted in the physical assault or that there was reasonable fear that you were in danger without provocation on your part. You must also show that there was no easy way out to avoid the physical confrontation.

The downside to this is the amount of force you used relative to the threat you were facing.

Defense of others or property

Similar to self-defense, the defense of others may be a plausible reason for the physical assault. However, you have to show reasonable cause for their welfare. In addition, protection of property may justify your actions depending on the application of state law. This defense is not straightforward since while you may have the right to defend yourself if someone unlawfully enters your home, you may not be entitled to use force if the dispute is over property.

Consent defense

If the victim of your assault volunteered to engage in an activity that resulted in injuries, then they cannot accuse you of this crime. Still, the law does not recognize consent to bodily harm. It only recognizes the consent to assume the risk associated with an activity.

It is essential to understand and protect your legal rights as you fight the charges against you. It may increase the chances of a favorable outcome