Proving My Innocence

Most folks who are facing battery charges question whether they committed an offense at all. Naturally, many people contact a battery lawyer to discuss the possible defenses against the allegations of wrongdoing. What are your potential defenses, though? Defendants often make at least one of these six arguments. 

Self-Defense

In some cases, defendants readily acknowledge that a confrontation happened. However, they may assert that they were within their rights to defend themselves, their property, or other people.

Self-defense laws can vary significantly between states, though. Some states have a duty of retreat, meaning that you have to make a serious attempt to get out of the situation before you can claim self-defense. Others have stand-your-ground laws that allow self-defense as long as you don't provoke the incident. Before you present this argument, contact a battery attorney to learn what the rules are where the fight happened.

Also, note that the law requires a proportional response. If someone tapped the defendant on the arm, the defendant didn't have the right to break the victim's jaw. You can only do enough to control the situation.

Nothing Involving You Happened

A different defense is to effectively assert that nothing happened. Maybe there wasn't a battery at all. Conversely, someone else might have committed the offense. Mistake identity is a real thing. If you can prove that you were somewhere else, that's the strongest defense. Someone who was present might still assert that they weren't involved.

Insufficient Evidence

The state has to tie you to the alleged incident. If there's insufficient evidence, a battery lawyer will ask the court to dismiss the charges. For example, your counsel might show that a supposed video depicting the event doesn't conclusively prove that an attack happened or that the defendant was there.

Accident

Bad things happen. Horseplay, for example, can lead to accidents that look like battery cases. Your attorney might assert that there was physical harm, but that it doesn't meet the criteria for the crime of battery.

Provocation

Some states allow the idea that a reasonable would've attacked the alleged victim. Perhaps the person on the business end of a punch had made repeated insults. Worse, these were insults that no reasonable person would abide by.

Mutual Consent

A few states also permit fighting as an activity based on mutual consent. Even if your state doesn't, you could reasonably present the argument to a judge or jury. They would then have to render a subjective judgment about whether the level of harm was criminal in a consensual context.

Contact a local battery lawyer to learn more.