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3 options for an assault and battery defense

On Behalf of | Feb 13, 2018 | Assault, Criminal Defense |

Like other criminal offenses, an assault and battery charge can have lasting consequences. A conviction can result in expensive fines and even jail time. Beyond that, it can seriously damage your personal and professional life. You could lose your job or professional license due to a criminal conviction. You might even have problems finding a new apartment in Mineola and other cities or run into various other complications due to your criminal record. This is why building a strong defense is so important to your future.

There are a number of defense strategies available to people facing an assault and battery charge, depending on the specific circumstances of the case. One of these possible defenses might apply to your situation.


In general, self-defense is one of the most common strategies that people use to fight back against an assault and battery charge. In order for a such a defense to have a chance of success, there are four factors that must be present.

First, you have to prove that you were facing a threat of harm or force. Second, you must prove that you were afraid for your safety and that you had a reasonable basis for this fear. Third, you must not have initiated or provoked the other person to threaten you. And, finally, you did not have a good chance of extricating yourself from the situation.

Defending another person

You might be able to claim that you were defending another person. You will have to prove that the same conditions existed as in a self-defense situation except that you were defending someone else. Like with a self-defense strategy, you will have to prove that you had a good reason to believe that the person you defended was under threat of harm.

Defending your property

You might be able to successfully claim that the assault and battery occurred because you were defending your property from invasion or another illegal act. For example, if someone tried to unlawfully enter your home and you used physical force to protect your property, the court might rule in your favor. However, keep in mind that the law is typically more divided in situations where someone is defending property or uses force in a property dispute.

If you are facing an assault and battery charge, it is important to remember that you do have options. With the right defense, you might be able to successfully fight back against the charges and avoid a conviction.