What are typical defenses to assault and battery charges?

by | Nov 10, 2021 | Criminal Defense

Physical evidence, such as bruises and lacerations, could support claims of assault and battery. However, anyone charged with assault and battery has a chance to provide a defense in a New Jersey courtroom. As with all criminal cases, guilt should derive from “proof beyond a reasonable doubt.” Effective criminal defense strategies might provide more than reasonable doubt: They could paint a picture of the truth that makes innocence apparent.

Defenses to assault and battery claims

While someone may claim that another person committed an unprovoked attack after a minor verbal altercation, security camera footage may present a different picture. The images may show that the defendant attempted to retreat from an attack. Unable to leave and face an assault, the defendant responded with physical force to stop the attack.

The above scenario shows that a self-defense claim could counter the assault and battery charges. Eyewitness or video footage, along with physical evidence, may support the defense.

Actually, eyewitnesses and video footage could provide evidence toward claims of mistaken identity. A victim might misidentify someone whom the police later arrest when searching for an assailant.

Dealing with serious charges

Criminal defense approaches could seek to present the truth surrounding an incident. “Victims” don’t always tell the truth, as someone may challenge another person to a fight. The two may consent to a confrontation, such as a boxing match, to settle a dispute. If the loser attempts to file assault and battery charges, establishing proof of consent and adherence to agreed-upon rules could support a defense strategy.

Confrontations might upend people’s lives, and running to the defense of someone else may lead to criminal charges. Defending someone else from harm might be a viable defense as well. A successful defense against assault and battery charges may be able to keep someone from dealing with a lifetime criminal record.