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What are the potential defenses for assault and battery?

On Behalf of | Nov 12, 2021 | Criminal Defense |

Assault and battery charges are considered very serious in Texas. A conviction can drastically change your life. As a result, if you face such charges, it’s important to have the best possible defense in your case.

What is assault and battery?

While assault and battery are commonly mentioned as a single offense, they are actually separate offenses. Assault is committed when a person deliberately and knowingly threatens another person with bodily harm or when they actually cause injuries. Battery is the act of making physical contact with the person’s body.

At the very least, assault and battery can be classified as a class C misdemeanor. In the worst-case scenario, a person can be charged with aggravated assault, which is a felony, if the victim suffers serious bodily injury or a weapon was used during the offense. As a result, it’s essential to have a strong criminal defense in an assault and battery case.

What are the defenses for assault and battery?

Perhaps the most common criminal defense for assault and battery charges is self-defense. If the defense argues that the defendant only committed the act as a way to protect himself or herself, it might be a legitimate argument. It’s also possible to claim that the individual was defending another person or other people.

Another common criminal defense for assault and battery is that the defendant was acting to defend their property. For example, if a stranger entered the defendant’s home through an open door, uninvited, and started rifling through their belongings, the defendant would have the right to use force if they felt their property was being threatened.

Although this is a rare defense for assault and battery, another argument the defense attorney can make is that the assault and battery was consensual. If there was an agreement between the plaintiff and defendant such as practice-fighting, this defense could work. For example, if the two parties were practicing for an amateur boxing match, it would involve consent and the court would have to throw out the charges.

An assault and battery charge can adversely affect your life. If you know you are innocent, you need to fight back and protect your rights every step of the way.