Depending on the circumstances of the situation an assault and battery conviction could land you in prison for 10 years and require you to pay fines of up to $150,000. If you are facing assault and battery charges you need to work with an experienced attorney to discuss the best defenses for your case. Contact a Bergen County violent crimes attorney for skilled representation.
What is Assault and Battery?
Assault and battery are two distinct crimes, but they are often charged together in a court of law. When a person commits assault they are threatening physical harm against another person or creating a reasonable fear of bodily harm. Battery is when a person actually makes unlawful physical contact with the person. These two often go hand in hand and a person can be charged with both assault and battery.
What Defenses Can I Use for Assault and Battery Charges?
Many defenses can be effectively used when facing assault and battery charges. Depending on the details of your situation one or more of the below defenses may be appropriate. If you have been accused of assault and battery consider the following.
- Self-defense: Arguably one of the most common defenses to assault and battery charges, self-defense can be an effective argument. If a person attacked you first or you reasonably believed that they had the intention of causing you harm, you could argue that you made physical contact to protect yourself.
- Defending someone else: Similarly, you could have been acting in defense of another person. If you witnessed someone being hurt or threatened you may have taken action in an effort to protect them and prevent them from sustaining injury.
- Lack of intent: Your intention behind your actions is important. If you did not mean to cause the other person harm you could argue a lack of intention. For example, if you were swinging your arm and accidentally hit the victim, you may not have realized that this action would result in harm.
- Consent: You could argue this if the person who was harmed consented to the situation. For example, if you and a friend were playfully wrestling and they got hurt you could argue that they consented and it does not count as assault and battery.
- Defending property: In a home invasion, theft, or if trespassers were on your property you may have used force to protect yourself and your home. This can be a solid defense against assault and battery charges.
- Alibi: If you can prove that you could not have committed the crime because you were elsewhere when it happened, it could result in your charges being dismissed. You may have a sound alibi if you were with other people at the time of the attack. If you can find witnesses or security footage to prove your whereabouts it can be a beneficial defense.
Depending on the circumstances of your situation many defenses can be utilized during your case. Work with a skilled defense attorney to discuss your options and determine what defenses will prove most beneficial in getting your charges reduced or dismissed.
