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How to defend yourself against assault and battery charges

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Posted By William McAdams | April 23 2020 | Criminal Defense, Firm News

Assault and battery charges are serious business, with a conviction having the potential to lead to an extended prison sentence.

With this in mind, it’s critical that you defend yourself against the charges, with the idea of avoiding a conviction or at the very least minimizing the consequences.

There are several common defense strategies to consider, such as the following:

  • Self-defense: This is the most common defense against assault and battery charges. You take the position that you had no choice but to become aggressive to protect yourself. In order to prove self-defense, you must be able to show that there was a threat against you, that you didn’t provoke the situation and that you had no opportunity to escape.
  • Defense of others: This takes on the same form as self-defense, with the primary difference being the ability to prove that you were defending another person from harm. Just the same as self-defense, you need to prove that there was a real threat and no other alternative.
  • Defense of property: Should someone attempt to steal property from you, such as when breaking into your home or attacking you on the street, you have the right to defend yourself. However, it’s possible that it could result in assault and battery charges. If this happens, you can argue that you took action to protect your property. For example, if you’re walking down the street and someone attempts to steal your wallet, you can use reasonable force to fend them off and/or reclaim the property.

Depending on the circumstances, you may be able to use more than one of these assault and battery defense strategies. For instance, both self-defense and defense of others could work if you’re attacked by someone while in public with your family.

Regardless of the details of your case, it’s important that you implement the right defense strategy. Neglecting to do so and hoping the truth comes out is a mistake you don’t want to make.

With an assault and battery defense that you can trust and lean on, you’ll feel more confident in your ability to prevent a conviction.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partiner, William McAdams who has more than 25 years of legal experience as a personal injury attorney.