Assault and battery are two related crimes that are often charged together. In Florida, assault and battery are both first-degree felonies that can lead to serious penalties. However, prosecutors need to prove each element of the crime beyond a reasonable doubt to secure a conviction, and it is important that you seek an experienced defense attorney who can analyze your particular case and advise you on which possible defenses may be available to you.
What Are the Different Types of Defenses That Are Available in Battery Cases?
One of the most common defenses in a battery case is self-defense. This means that the defendant was forced to use physical force against another person because of an honest and real perceived fear of harm, and that they were not able to retreat or escape. This defense should be proven by witness statements, video or photo evidence.
Defense of Others and Defense of Property are other common defenses in assault cases, as well. This means that the defendant acted in defense of someone else or their property against being threatened or invaded illegally. This should also be proven by evidence of a threat or other circumstances that would have made the defendant believe they needed to act in defense of someone.
Intentionality is an important factor in all criminal and civil offenses, including assault and battery. This is because it shows that the defendant intended to commit an act, even if they did not succeed in that act. This is true even if the conduct was done for reasons that were not malicious or motivated by violence.
Consent is also a potential defense in an assault and battery case, especially in sexual assault cases. This can occur in situations where the victim gives consent to a violent act, such as during an intimate relationship.
Necessity is also an important defense, as it is possible for the defendant to defend themselves in court by arguing that they did not have the opportunity to comply with the law or that their actions were necessary because of exceptional circumstances. These conditions must have existed at the time of the alleged incident and should be verified in court.
Accident is also a possibility in a battery case, as the defendant may have been injured by contact with another person. This is not always the case, though.
Aggravated Battery is a serious offense that carries severe consequences. This is especially true in cases where the victim suffers a serious injury or when a deadly weapon was used.
It is important to discuss your options for defense with an experienced battery defense attorney in California as soon as you have been charged with this crime, as a variety of viable defenses are available and can greatly reduce the punishment you face.
The best way to determine which defenses are appropriate for your case is to consult with an experienced Tempe criminal defense lawyer. They will be able to review the details of your case, advise you on which defenses may be applicable, and raise these on your behalf in court.
