A Battery Defense Lawyer will look at three main ideas in a battery defense case. The first of the major three defenses is a classic, but there are two others that are commonly used. These are the intent of the assault and if the victim intentionally agreed to a physical conflict.
Self-Defense
The classic case is called self-defense, and it is a popular term and idea in many law circles. Assault is not an assault if the individual was provoked, challenged, injured before, and ultimately, defending themselves from a clear threat. The vast majorities of people do not incite a conflict and assault someone without being subsequently prompted numerous times. Self-defense is not a simple “they hit first scenario.” It can play out in a number of ways, and the case of self-defense is vague.
It Was an Accident
The “accidental” defense may be one of the hardest to build in a defense case, but it actually happens quite often. The specific strategy is called negation of intent. It is built on the idea that a touch has occurred, but it was not designed to be an assault. There was no intention of causing harm, and it may have even been an accident blown out of proportion (passing by in a door, walking by fast and perhaps aggressive).
The Consent of the Assault
It seems odd to use the word “consent” when considering a case with a Battery Defense Lawyer. The basic idea is actually quite straightforward. If someone agrees to an assault against them, they cannot later claim an assault charge. What scenario would fit?
It two people are outside a bar and drunkenly fighting, there may have been a mutual understanding prior to a fight. It could have been a challenge. The individual may have said “hit me, I dare you,” in an effort to provoke the person. Their logic would be to get hit first, ushering in a validation to fight back. Unfortunately for them, that may be considered consent to the fight.
If one theme becomes clear from the above, it is this- an assault case is not always clearly labeled. Visit the website of James Hitchcock, Defense Attorney, at website. The website can offer an overall basis for what to do when staring down the deep and unpredictable scenario of an assault case. You can also connect with them on Facebook.
