If you find yourself in the middle of an assault and battery case, it goes without saying that you need to implement a defense strategy that will help you avoid the most serious punishment.
There's no way of knowing what will happen in court, but the right defense strategy can put you in better position to avoid a conviction.
Fortunately, there is more than one assault and battery defense strategy to consider.
For example, self-defense is the most common defense. In order to use this to your advantage, you must be able to prove:
- A threat of unlawful force
- A fear of harm
- No provocation leading to the attack
- No opportunity to leave the situation as to avoid conflict
Along the same lines, it's also possible to state that you were defending others. This is similar to self-defense, with the only difference being that you had a fear of harm to another individual.
Defense of property can be used as a defense strategy as well. With this, you claim that you were defending your property against invasion.
It's never easy to tackle an assault and battery case, as you understand that every decision you make could have an impact on what happens next.
There is no right or wrong answer to which assault and battery defense strategy is best. What works for one person may not work for another, and vice versa. Fortunately, there is more than one strategy to consider. As long as you know your options and legal rights, you can decide how to move forward in an attempt to avoid a conviction.
Source: FindLaw, "Assault and Battery Defenses," accessed Dec. 05, 2017