Assault and battery charges center around the act of intending violence or harm on another person. Attorneys will consider several different approaches when constructing your defense. Each focuses on a unique aspect of the case and presents specific pieces of evidence to prove your innocence. Understanding the basics could determine the best approach for the case.

Common Assault & Battery Defenses

1. Self-Defense

This type of defense shows that inducing harm was the only way to protect yourself. Attorneys must prove that there was a threat of unlawful force that caused a fear of harm, such as a raised fist or weapon.

They must also show that you neither provoked nor escalated the situation and that there were no reasonable options for retreat. Your lawyer will also need to prove that both you and the other party were a fair match physically. A significant mismatch in age or size is likely to inform the court’s decision. 

2. Defense of Others

A similar defense is causing injury to protect another person from harm. In these cases, lawyers have to show that there was a genuine fear for the other person’s safety.

While describing the situation, they’ll also have to prove that no other recourse was available, leading to the use of force. Eyewitness accounts and security footage may prove useful as evidence.

3. Defense of Property

If causing harm was the only way to protect your property, then this is the defense that your attorney will use. It allows a person to use reasonable force to reclaim their property and is most common when someone threatens to invade the premises or illegally withholds personal belongings. Proof of ownership may be enough to clear your name.

4. Consent

While rare, this type of defense proves that the other person gave consent before participating in particular acts. It’s frequently used in conjunction with sexual assault cases and requires careful scrutiny by the court. Lawyers may secure character witnesses to serve as forms of evidence.

If you’re facing assault and battery charges, reach out to Gary L. Morris, Attorney at Law in Peoria, IL. He has over 40 years of criminal defense experience and maintains a high level of knowledge in federal, state, and local laws. As an attorney, he knows how to track down the evidence for a case and provide the legal guidance you need to construct a successful defense. Call (309) 676-1594 to request a free consultation. Visit the website for additional information on his services.