Assault and Battery are violent crimes that can lead to hefty fines and indefinite jail time, so let a competent attorney review your case and devise the best options. Assault and Battery charges can leave a permanent stain on your record, even if you were wrongfully accused of the misconduct. Primarily, you are innocent until proven guilty, so you do not have to worry unless the prosecutor succeeds to go beyond reasonable doubt. Intention plays a huge in assault/battery cases, hence you cannot be incriminated if the deed was committed unknowingly. However, when you purposefully threatened, attempted to hurt, or physically attacked another person, the law shall see you as guilty.
Criminal Defense Attorney in Mineola, NY conveys that it is possible that your actions were justified, and you can prove this theory by using one of the following defenses:
Self Defense
The most common and effective argument against assault and battery charges is that you did it in self-defense. You must determine that the prosecutor’s client provoked you to attack or threaten, so the blame lies on them. You can establish that you had no other choice but to retaliate, as your own life was at risk at the hands of the other. The alleged offender did not give you the time or space to flee the scene, so confronting them was the only way to save yourself. If the judge or jury concludes that the prosecutor’s client was the one who initiated the conflict, then the charges shall be reversed.
Mutual Consent
Mutual consent is a popular form of defense in sexual assault and battery cases. If a sexual encounter between two parties took place with mutual consent, it cannot be categorized as an assault or battery. You will have to provide evidence to verify that the alleged victim was not forced into the situation; he/she may have manipulated you for financial gains or some other hidden motive. Such defenses are controversial and thoroughly examined by the court before reaching a verdict. Sometimes proof of consensual act is not enough to drop charges, as other violations are taken into account.
Defending Others
Similar to self-defense, you can get dodge assault and battery charges if you were defending someone else. You must exhibit that you were genuinely worried for the wellbeing of a person or multiple people at the time. Presence of the supposed target (whom you were protecting) in court and a supportive statement on their behalf shall strengthen your case. You may insist that there was no feasible way to dismantle the situation, and you simply acted on impulse.
Protecting Property
If a person tries to destroy your valuable property, such as a house or car, any physical contact made in order to prevent the violence is a rational response. Property defense laws vary from state to state, but particular scenarios such as home invasion and theft are acceptable. As the prosecutor’s client was engaged in a criminal act that brought upon the undesirable circumstances, the accused cannot be held responsible for their loss.
