Assault and Battery Defense Lawyers
LegalMatch Law Library Managing Editor, Ken LaMance, Attorney at Law 
What are Possible Defenses against an Accusation of Assault and Battery?
Duress and self-defense are common defenses in assault and battery cases. There are also a host of other possible defenses:
- Insufficient evidence - An assault and battery charge can be dismissed due to insufficient evidence. For example, maybe there were no eyewitnesses of the assault and battery or no visible injuries on the victim. The most common insufficient evidence defense is an absence of the intent to harm the person. You do not need direct proof of intent as long as the circumstances infer you acted with intent to harm.
- Defense of Others or Property - Everyone is entitled to defend themselves, their loved ones, and their property from an assault and battery. However, only reasonable force can be used. So if somebody is attacking your daughter, you are allowed to fight the person off. However, you cannot go beyond reasonable force and chase after the fleeing assailant.
- Provocation - People often claim self-defense when they are actually just provoked. In general, provocation is not a defense for an assault and battery. Provocation can lessen your sentence, but it will almost never dismiss the charges. For example, an aggravated assault can be lowered to a normal assault if heavy provocation of the accused is shown.
- Intoxication / Drugs or Alcohol - Drugs or alcohol are often involved in assault and battery cases. Drunken bar fighting is a prime example. If you voluntarily take drugs or drink alcohol, you cannot then blame your behavior on the substances. Saying "I was too smashed to realize what I did" will not be a valid defense. If you drink or take drugs voluntarily, you should realize the risks of doing so.
- Insanity - Insanity is always a possible defense, but it is a "tough sell" in any court. This defense allows you to claim you were either insane at the time of the offense or during trial. If you are found insane during either of these times, you will be committed to a mental hospital.
Will Any of These Defenses Work?
The best way to determine this is to consult an experienced attorney. An experienced lawyer will be able to analyze your situation and determine the best defense to pursue.
Consult a Lawyer - Present Your Case Now!
Last Modified: 01-03-2011 12:27 PM PST
