Any type of criminal charge associated with assault has the potential to impact your life in many ways, such as a restraining order from the victim or a prison sentence.
The way you defend yourself against charges of assault and battery depends largely on the circumstances of your case. Here are some of the defense strategies to consider:
- Self-defense: It’s the most common defense used in assault cases, and is exactly what it sounds like. You must prove to the court that there was a threat of harm or unlawful force against you and that you had no choice but to use physical violence to protect yourself.
- Defense of others: Similar to a self-defense strategy, you must prove that your violence was necessary to defend another individual, such as a spouse or child.
- Defense of property: This comes into play if you can claim that you acted in defense of property that was illegally withheld or stolen. For example, if someone enters your home without permission and attempts to steal from you, it may be necessary to fight back in order to protect your property.
- Consent: It’s not nearly as common as other assault defense strategies, but if the other individual voluntarily consented to the violence, it should not result in criminal charges.
There is no right or wrong way to defend yourself against assault charges, as the strategy you use is based largely on the circumstances of your case. Once you settle on the right assault defense strategy, you’ll feel better about your ability to avoid the serious consequences resulting from a conviction.