Being accused of assault and battery can be a frightening experience, especially if you’re not guilty. In situations such as this a number of defenses can be used to prove you are innocent of the charges.
Hire an Assault and Battery Defense Attorney
A criminal defense attorney experienced with assault and battery can help prepare a strong case to prove your innocence. They can also advise you about your legal rights and work with the prosecution to try and get the charges dropped before going to trial. Some defenses that can be used against assault and battery charges are listed below.
Defenses for Assault and Battery
A common defense in assault and battery cases is self-defense, but others that can also be used include:
- Insufficient evidence – If there was nobody to witness the alleged assault and battery, and there are no injuries visible on the victim, a judge may dismiss the charges of assault and battery based on insufficient evidence.
- No intent – Similar to insufficient evidence, the prosecution must prove there was an intent on your part to harm another person. If you caused harm to another person by accidentally hitting them, there was no premeditated intent on your part to cause them harm.
- Defense of others and/or property – Everybody has the right to legally defend themselves, loved ones, and property, by reasonable force.
- Drug and/or alcohol intoxication – If you willing take drugs or drink alcohol, you can still be blamed for the way you behaved while on these substances. Saying you were “too smashed” to know what you were doing is not a valid defense.
- Consent – Assault and battery charges assume there was no consent on the part of the victim to being touched. If the victim voluntarily entered a situation where they could be harmed, charges may be dropped since they willingly put themselves in harm’s way. An example would be assault and/or battery when playing sports.
- Insanity – Insanity can be used, although it can be a “tough sell” and may result in your being committed to a mental institution.
Best Defense Options in Your Assault and Battery Case
Some of the above defenses are stronger than others, and depending on the circumstances have been used successfully. The best defense is to retain and work with an experienced and skilled criminal defense attorney to build a case on your behalf, such as Sevens Legal, APC. Contact Sevens Legal, APC, today for a free consultation.
Criminal Defense Attorneys
3555 4th Ave.
San Diego, CA 92103
Phone: (619) 297-2800