Law Offices of Mark A. Thiel (209) 390-4601
We Care About Justice Call Today For Your FREE Initial Consultation
Call (209) 390-4601

What are common forms of assault and battery defenses?

The defenses available to the defendant in the case of an assault and battery case are heavily dependent on the circumstances of the case. Keeping in mind the circumstances of a general assault and battery charge these are the forms of defenses available:

Self-defense: This is one of the most frequently used defenses in these cases. If the defense argues self-defense, then they are claiming that the damage and confirmation that took place was a result of the defendants need to protect himself due to fear of trauma or injury. Generally to successfully argue self-defense the defendant must convince the jury that: the accused was under real danger, and a valid threat forced them to defend them self, the accused truly felt threatened and distressed, and this was a reasonable response, the accused did not provoke or instigate the victim and wanted to escape from the confrontation but could not. Defense of others: This defense shares much of the same attributes as self-defense the main difference being that the accused felt a real and valid threat and fear of harm and damage to someone else and thus took action to defend them. Otherwise, they are indeed exceedingly similar with the defendant having the same responsibility to convince the jury that the actions of the accused were valid and reasonable and were a result of circumstances that ensured that the response of the accused was appropriate.

Defense of property: The defense can claim that the accused acted in defense of their property after it was under threat of being invaded or being stolen. This defense depends a lot on the state and its laws as some states allow for reasonable force to be used against trespassers or home invaders. In the case of personal property though generally active force is not allowed to be used in disputes about ownership of property but if the property is stolen from the individual then depending on the state, reasonable force may be used. Consent: Sometimes consent is given to perform some acts inflicting force or pain on an individual in these cases the defendant can argue that consent was given, but the threshold of the force must not be exceeded.

Assault and battery cases can be very complex and confusing thus it is highly recommended that you consult an experienced attorney near you.

No Comments

Leave a comment
Comment Information

Law Offices of Mark A. Thiel
3439 Brookside Rd., Suite 205
Stockton, CA 95219

Phone: 209-390-4601
Fax: 209-475-4951
Map & Directions

small_criminal_07.jpg
Review Us