Understanding Assault and Battery Charges and their Defenses
As a criminal lawyer, one of the most common charges that I see in my practice is assault and battery. These charges can have serious implications for individuals, as they can result in hefty fines, jail time, and a criminal record.
This blog is not intended to be legal advice, if you have been charged with Assault and Battery or Domestic Assault and Battery (A&B, Domestic A&B, Domestic Violence) or any other crime in Massachusetts you should call an experienced and successful Defense lawyer immediately. Call Mike Now at: (508) 393-4162. I have been defending those accused of Assault and Battery in Massachusetts for over Thirty (30) years. I have been named a “Top 100 Trial Lawyer” by The National Trial Lawyers, I have earned the “Clients’ Choice Award” by AVVO, the Client Champion Platinum Award by Martindale-Hubbell, I have been named a “Top Tier Lawyer” by the American Trial Academy and I have won over Eighty-Five Percent (85%) of my trials.*
Assault and battery are often used interchangeably, but they actually refer to two different things under the law. Assault is the act of threatening someone with harm or violence, while battery is the act of actually physically harming someone. Both can be charged separately or together, depending on the circumstances.
When facing assault and battery charges, it is important to understand the potential defenses that can be used to fight these charges. Some common defenses include:
Self-defense: If you were acting in self-defense or defense of others when the alleged assault or battery occurred, this can be a strong defense. It must be shown that you reasonably believed you were in imminent danger of harm and used force to prevent that harm.
Consent: If the alleged victim consented to the actions that led to the assault or battery, this can also be a defense. However, there are limitations to this defense, as consent must be given voluntarily and knowingly.
Lack of intent: In some cases, it may be argued that there was no intent to commit assault or battery. For example, if the alleged victim misunderstood your actions or if there was a lack of evidence to prove intent.
False accusation: It is not uncommon for false accusations to be made in assault and battery cases, whether out of anger, revenge, or mistaken identity. Providing evidence to show that the accusations are false can help in building a strong defense.
Insufficient evidence: Prosecutors must prove beyond a reasonable doubt that you committed assault and battery. If there is insufficient evidence to support their case, this can be used as a defense.
As a criminal lawyer, it is important to thoroughly investigate the facts of the case, challenge the evidence presented by the prosecution, and build a strong defense strategy tailored to the specific circumstances of the case. By understanding assault and battery charges and the potential defenses available, you can work towards achieving the best possible outcome for your client.
If you have been charged with Assault and Battery or Domestic Assault and Battery (A&B, Domestic A&B, Domestic Violence) or any other crime in Massachusetts you should call an experienced and successful Defense lawyer immediately. Call Mike Now at: (508) 393-4162.