Arrested For Assault And Battery? Defend Yourself Now
If you have been arrested for assault and battery, know that these are serious crimes and the consequences of being convicted could be ruinous. Fortunately, you don't have to sit back and let that happen. Read on and find out more.
What Are Assault and Battery?
Though they are often used together, assault and battery are two different things. Assault is causing someone to be in fear of a physical attack. For example, it's a crime to aim a gun at someone even if you don't fire it. Battery is the physical manifestation of the threat to cause harm.
Defending Your Property
In many cases, you are allowed to take steps to defend against a loss of personal property. The laws vary in how much force can be used, however. For example, you cannot shoot someone just because they stepped onto your land. The defensive measure taken must be in line with the threat of a loss of property. You may be allowed to display a weapon if your property is in danger of being taken, however, and not be charged with assault.
Defending Yourself
Self-defense is a common defense tactic, and the law is detailed about the circumstances surrounding its use:
- A threat to do bodily harm existed.
- You were in extreme danger and feared harm or death as the outcome if you failed to act.
- You could think of no other alternative but to act in self-defense.
- You had nothing to do with causing the situation that led to the need to use self-defense.
- The measures taken to defend yourself fit the situation.
Defending Someone Else
The rules as above apply to this situation as well. You must be convinced that harm will come to a person if you don't act.
Consent
In some cases, you are given permission to take actions that would appear to be assault and battery. For instance, if you are engaged in playful wrestling, you might still be charged with assault and battery if things get out of hand. Even if consent was given at first, at some point the alleged victim may be unable to properly withdraw that consent. Tread carefully when taking part in pranks, play fighting, amateur boxing or fighting, and more.
If you have been charged with assault and battery, speak to a criminal defense lawyer for help immediately and form your defensive strategy. To learn more about assault and battery, check out the sites with more information.
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