Assault & Battery Lay Terms
The distinction between assault and battery is that assault can refer to the threat of harm, whereas battery refers to actual physical harm caused by one person to another. According to American case law, if there is a battery, then there must have been an assault as well. This is exemplified in the case of Hall v. State.
Assault & Battery Litigation Expertise
It’s important to find an attorney who specializes in cross-examining alleged victims and witnesses who may have a motive to lie, even for a misdemeanor case. Credible Law has expertise in cross-examination, forensic evidence, and the rules of evidence that can make a difference in your case.
What Are Some Defenses for Aggravated Assault and Battery?
Self-Defense
Self-defense is the most common defense used in these types of cases. Other potential defenses include: lack of intent; mistake; intoxication; or mental incapacity at the time of the incident.
Defense Of Others
If the accused was defending another person or even property, that may be used as a defense in some cases. For example, if someone was attempting to break into your home and you defend yourself with force, it will likely be considered self-defense.
Defense Of Property
Another potential defense is known as the “defense of property.” This means that an individual has a right to use reasonable force to protect his or her own property. The amount of force used must be commensurate with the threat posed by the intruder, and it must not be excessive or disproportionate to the threat.
Contact Credible Law for comprehensive Assault & Battery advice and representation.
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