There are many defense strategies available in assault and battery cases. The one you use is based on the facts of your case and the circumstances surrounding your arrest.
Here are some of the most commonly used assault and battery defense strategies:
- Self-defense: This has long been a common defense and is typically best when you can prove a threat of unlawful harm or force by another individual.
- Defense of others: Like self-defense, this strategy focuses on the fact that you were defending another individual, such as a child or spouse.
- Defense of property: This is when you claim that you acted in defense of property that was being illegally withheld or invaded. For instance, if someone breaks into your home and attempts to steal from you, you have the right to defend yourself and property.
How to decide what’s best
There is no one-size-fits-all assault and battery defense strategy. The best thing you can do is learn more about each strategy, focusing on what you need to prove in order for it to help you avoid a conviction.
Answer questions such as:
- Were you protecting yourself, another person and/or your property?
- Where did the assault occur?
- What type of evidence do you have to back up your defense strategy?
An assault and battery conviction can result in a variety of serious penalties, such as jail time and a restraining order.
Rather than hope for the best in court, implement a defense strategy that puts you in position to avoid a conviction. Doing so will give you the confidence you need during this difficult time of your life.