Assault and Battery Defense

One of the most common charges is called assault and battery. Assault happens when a person has committed an act that is intended to threaten someone of bodily harm, even if it ends up not harming the victim. Battery happens when a person has committed an act that is intended to actually harm a person.

Most of the time, assault and battery go together, because typically, when a person harms another, there is also the intention of actually doing so. According to the website of the Law Offices of Mark T. Lassiter, assault and battery convictions often have severe penalties, as they are frequently combined with other criminal charges, such as domestic abuse, alcohol or drug related charges, or weapon possession charges.

But it is important to point out that these charges can be defended. Below are some of the most viable defenses against assault and battery.

Unintentional Harm

As said earlier, assault and battery includes an act that is intentional, so a good way to counter the charge is to claim that what has happened has not been as such. Even though this can be a legitimate defense, it may be hard to pull off, because you have to prove that the cause of harm has been accidental. To avoid other charges, the cause of harm should also not involve negligence or recklessness.


But how about on cases where the act has really been intentional? That may be harder to defend, but it is still possible, and one of the best ones is self-defense. You can argue that you have intended to harm or actually harmed the person because you are trying to defend yourself.

However, there are some limitations to this. You have to prove that on the moment of the assault and battery, you have perceived a danger to yourself, and the only way to escape from the threat is to fight back.