Battery Charges Defense cases range from the simple to the complex.
Self-defense is most commonly used and to establish self-defense, an accused must show:
- A threat of forceful harm against them.
- A reasonable perceived fear of harm to themselves.
- No provocation on their part.
- No reasonable chance of escaping the situation.
The self-defense doctrine of Battery Charges Defense must prove that force used in self-defense was appropriate when compared to the threat posed by the victim. An individual defending himself may still be found guilty if the victim was physically inferior to them due to size and age.
Defense of Others
This Battery Charges Defense must prove that the individual experienced an honestly perceived fear of harm to another person.
Defense of Property
A defendant in an assault/battery case may testify they acted in defense of their property while being invaded or illegally withheld. The availability of this Battery Charges Defense varies from state to state. If the charge involves a dispute over personal property, the owner cannot use force to retrieve it, but if property has been stolen by a pickpocket or purse-snatcher, they have the right to use reasonable force to recover their property.
Consent can be used as a Battery Charges Defense. If an individual has consented voluntarily to a particular act, that act cannot be used to constitute an assault and battery. Consent as a viable Battery Charges Defense is usually applied as a defense in prosecution of sexual assault.
Get Professional Help Defending Against Assault and Battery Charges. Several defenses are available when facing charges for assault or battery, but they depend on the specific facts of the case. A good criminal defense attorney can help find evidence to establish a Battery Charges Defense in your favor at trial.