Being charged with assault and battery can be terrifying, but you must realize that everyone is presumed innocent until the prosecution proves otherwise beyond a reasonable doubt. That means you have a chance to create doubt in the prosecution’s case, which may help you reduce the possible penalties you face or have the charges eliminated completely.
One of the most common defenses for assault and battery charges is that you had to defend yourself. To make this defense work for you, it’s helpful if you have evidence that the other party attacked you first or that you feared for your life or someone else’s when you fought back. You must not have provoked the other party and must have had no reasonable chance of being able to walk away from the situation.
If you can’t claim self-defense because you started the fight, then you might want to go with a different kind of defensive option. One would be to claim that you were defending your property. For example, if someone breaks into your home and is stealing when you attack him or her, then you could claim that you were defending your home and preventing items from being taken. This isn’t always the best defense, but if the force used was reasonable, it may be a good choice for your case.
Every case is different, and it’s important that you’re honest and clear with your attorney about what happened. Your attorney can help you understand the potential defenses to your case. Our website has information on what you may want to consider if you’re fighting an assault and battery charge.