You might have been trying to defend yourself, or you may have made a mistake and thought someone entering your home was an intruder. Whatever the issue was, if you’ve been accused of assault, you deserve an opportunity to defend yourself and protect your good name.
There are several defenses available for assault and battery cases like yours, which can help you find the right approach to defending yourself.
Your right to self-defense matters
One of the most common criminal defenses is self-defense. This might be a good defense for you if you thought that:
- There was a real threat of unlawful force or harm
- You through that you would be hurt
- You did not provoke the harm
- You had no real way to escape the scenario
For example, if you hear someone come up behind you when you’re putting clothes away in your closet, you might turn around and attack them without knowing who it is. After all, you don’t have anywhere to run. This could be a scenario in which the self-defense claim would work for you.
Consent for violent acts
Sometimes, people agree to certain acts and are voluntarily asking to be hurt. To a degree, it is legal for that to happen so long as the act doesn’t go beyond the permissions that were granted. Be aware that some courts will still hold people accountable for committing harmful acts even when consent was granted if the public policy is to punish those who participate in those acts.
Defending others or your property can be good claims to make, too
If you were trying to defend your property against others or stepped in to protect other people from harm, then you may have a good defense against the allegations as well. For example, if your friend was being attacked, you joining the fight to protect them may not constitute assault.
Overall, there are several defenses you could use to protect yourself if you’re accused of assault or assault and battery. Get to know your rights, so you can build a defense and fight back against the allegations you’re facing.