Assault refers to the crime of threatening a person strong enough to make that person fear for their safety. Usually, assault is coupled with battery, which occurs when a person intentionally touches another person with the intent to cause injury or harm. But, an assault results from words and threatening actions, not physical harm. The defenses available for assault and battery cases can vary widely, depending on the facts and circumstances. But, a good winder criminal law lawyer knows the right defense to assault and battery charges. Below are the potential defenses to these charges:
Self-Defense
The defendant will argue that the commission of the assault or battery was necessary to protect themselves from attack. Sometimes, they will seek to prove that they acted properly to protect another person from harm. For a self-defense claim to be acceptable, the force used should be reasonable when compared to the threat the victim posed.
Defense of Property
The defendant may claim they acted only in defense of their property against being illegally withheld or invaded. In states where this defense is available, the defense permits a person to use reasonable force in defense of their property, especially when their home is involved.
Consent
The availability of consent as a defense to an assault and battery charge depends on the jurisdiction. In this defense, the defendant claims the victim has consented voluntarily to a certain act. However, if the extent of such an act exceeds the given permission, it can still offer grounds for assault and battery.
Inability to Form an Intent
Every element of the assault and battery should be proven. If it can be shown that the defendant didn’t have the intention, assault or battery cannot be proven. The defendant may not have the intention to commit such crimes include intoxication because of alcohol or drugs. This defense only works if the person unknowingly became intoxicated. Also, the defense panel may make a plea of sanity that makes the person incapable of forming intent. This plea may not succeed and if successful, would lead to the accused being committed to psychiatric care.
Privilege
Some people, such as police officers, have a privilege based on their profession. An officer may need to use force while performing their job.
If you are facing charges of assault or battery, your attorney will tell you the applicable defenses, depending on the specifics of your case. Your attorney will look for evidence to establish facts in your trial.