How to Beat Assault and Battery Charges
Assault and battery are serious crimes in various U.S. states, often resulting in life-threatening consequences.
However, if you’re facing assault and battery charges in Atalanta, don’t give up just yet. You might have a chance to beat these charges. But it doesn’t happen easily. You must mount an effective defense that factors the laws in your state, the nuances of the specific case, and the available evidence.
This article sheds some light on the best strategies and tips to help you beat assault and battery charges. And if you’re facing any criminal charges around the Atalanta area and need legal representation, get in touch with Cumberland Law Group.
Understanding Assault and Battery
The first step to winning a case is understanding the case. For instance, you don’t expect to beat assault or battery charges when you don’t understand what they are. Although assault and battery share common elements, they are distinct criminal offenses.
Also, their definitions vary from state to state. So, let’s understand these two offenses and how they come about.
What is Assault?
Assault refers to an intentional act that causes someone to reasonably fear immediate physical harm or an offensive act. It could be pushing someone or drawing a gun or any weapon against someone. Generally, you could face assault charges even when there’s no physical contact with the victim.
This crime is often treated as a misdemeanor, and victims may face either jail time of up to six months or fines of up to $1000.
Some states group assault into different degrees, like first-degree, second-degree, and third-degree assault. Others group assault as simple or aggravated.
What is Battery?
Battery, in legal terms, is defined as the act of inflicting harmful or offensive contact on the victim. Simply put, it is the completion of assault.
It’s worth noting that the victim doesn’t need to be seriously injured, traumatized, or offended for an action to be considered battery.
Any threat that’s carried out is treated as a battery. Typically, battery can be simple or aggravated.
Beating Assault and Battery Charges
Whether you’re facing an assault or a battery charge, you can always raise a legal defense to beat the charges. And as Cumberland Law Group, we are always ready to help. Here are common defenses that may help you beat assault and battery charges.
Self-defense
According to the law, you have every right to protect yourself from imminent harm or the threat of harm—and this is what we call self-defense. So, this might help you beat assault and battery charges.
Self-defense is the most common way to beat assault and battery charges and involves clearing yourself against criminal charges. But don’t be deceived because it’s not a walk in the park. You must prove that you acted in self-defense and did not intend to commit the stated crimes.
While claiming self-defense might help you beat assault and battery charges, you must establish various elements, including;
- There was a threat of harm or force against you that caused you to react
- Reasonable belief: There was a reasonable fear that you were in danger of harm
- You did not make a threat
- You had no option or chance of escaping the situation without violent force
Remember, every case and situation is different. Therefore, your ability to prove that you acted in self-defense will determine whether or not you beat the charges. You’ll have a solid defense if you can prove the above elements.
Defense of Others
If you acted in defense of another person or property and now face assault or battery charges, you might have an opportunity to defend yourself and beat the charges. While this is similar to self-defense, it extends the right to protect others in imminent danger.
So, how do you claim the defense of others when charged with assault or battery?
- Reasonable belief: You must genuinely believe that the person or property you were defending was in immediate danger of harm. The belief MUST be reasonable.
- Proportionate response: You must prove that the level of force used was proportionate to the threat perceived by the person you were defending.
- Relationship to the person defended: Proving defense to others in an assault charge will be easier if the person in danger is someone you know, like family or friends. If it’s a property, you should be the owner to increase your chances of winning the case. This way, you’ll have a valid reason to believe that the victim or property was indeed in danger of harm or damage. Regardless, you must prove that your actions were justified under the law.
No intent
What if you accidentally bump into someone in a crowded room, inflicting fear or harm on them? Will you be charged with assault or battery?
First, to be charged with assault or battery, you must have performed the “crime” willfully. This means you may beat assault and battery charges if there’s no element of intent in the case.
However, you may be guilty of other charges, including negligence, depending on the specifics of the case.
False accusation
Do you know that about 4%-6% of people incarcerated in U.S. prisons are actually innocent? While our court systems try very hard to prosecute the “right” individuals, wrongful accusations and convictions are still prevalent in today’s society and could lead to assault and battery charges.
The leading cause of false accusations is misconduct by police, prosecutors, and other law enforcement officials. You might wonder how someone can falsely accuse you of assault, battery, or any other criminal offense. Well, it happens through witness tampering, evidence fabrication, and misconduct in interrogations and trials.
Sometimes, the victim might be confused or misidentify you as the suspect who committed the crime. Or, they may accuse you as a form of revenge.
Luckily, you may find your way out if you can prove that you were falsely accused of assault and battery. However, you must provide solid proof that you did not commit assault or battery.
Charged With Assault or Battery?
Assault and battery are serious crimes that could make you spend years behind bars or pay hefty fines that could break your bank. Fortunately, you may beat these charges depending on your specific circumstances and preparedness. For instance, you could argue that you acted in self-defense or defense of others or did not intend to cause assault or battery.
Regardless of your defense plan, you must have a strong defense team to beat these charges. And this is where we come in. At Cumberland Law Group, we have experienced and licensed attorneys handling various crimes, including assault and battery. Contact us today, and let’s beat those charges together.