Common defenses to assault and battery charges include self-defense, defense of others, consent, lack of intent, mistaken identity, false accusation, duress, and defending property.
These defenses to assault and battery can prove that the force used was necessary and reasonable, contact was consensual, or the alleged incident didn’t occur the way an accuser describes.
Below are details about each of the common defenses to assault and battery charges.
Self-Defense
Self-defense is the most common defense to an assault and battery charge. With this, you argue that you used necessary and reasonable force to protect yourself from imminent harm and didn’t initiate conflict.
Defense of Others
This is similar to arguing self-defense. Your Oklahoma City criminal defense lawyer could argue that you acted in the defense of others if you used necessary and reasonable force to protect someone from immediate harm.
Consent
A consent defense may be used if an alleged victim agreed to physical contact for sports, a medical procedure, or other activities.
Lack of Intent
Someone can get hurt by accident, and you could be charged with assault and battery as a result. In this situation, you could argue that there was a lack of intent, since the incident may have been purely accidental.
Mistaken Identity
A person alleges that you committed an assault and battery, but someone else may have engaged in this criminal activity. You could argue that this is a case of mistaken identity.
False Accusation
If a person accuses you of assault and battery due to anger, revenge, or other reasons, you could argue that the allegation is false.
Duress
You faced a threat of physical harm and, because of this, engaged in criminal activity that led to an assault and battery charge. In this situation, you may argue that you acted under duress.
Defending Property
Your property was at risk of being damaged or stolen. As such, you used necessary and reasonable force to defend your property. Thus, you may argue that you were defending your property, which could lead to the dismissal of your assault and battery charge.
How Do the Common Defenses to Assault and Battery Charges Work in Court?
In court, a defense to an assault and battery charge justifies the defendant’s actions or challenges a prosecutor to the point where there’s a reasonable doubt about whether a conviction is warranted.
Here are some of the ways that a defense to a charge of assault and battery could prompt the court to provide the defendant with a favorable ruling.
Shifting the Burden
The burden of proof falls on the prosecution to show that you should be convicted of assault and battery. If you have a strong argument and sufficient evidence, it becomes difficult for the court to convict you.
Disputing Evidence
Evidence that the police collected at the time of your arrest for assault and battery may have been obtained illegally. You could argue that this evidence should be deemed inadmissible, which could prompt the court to dismiss your case.
Proportionality
If you were arrested for assault and battery after you used force on someone else, you will have to show the court that you have a lawful reason for doing so and that your actions were necessary and reasonable.
Negating Elements
You could argue that your assault and battery charge was due to a misunderstanding and share evidence that shows that you never intended to intentionally harm someone.
