Assault and battery charges can seriously affect your life. In a lot of cases, the mere assault and battery accusation can harm your reputation, lead to financial expenses, and strain your relationships. A conviction can lead to serious consequences, depending on your previous criminal record and the nature of the offense. Consequences can include fines, community service, probation, time in prison, and mandatory anger management. Also, it can result in difficulties in getting a job, maintaining child custody, and getting housing.
If you are facing assault and battery charges in Massachusetts, there are different defenses your lawyer can use in court. Your Norwell assault & battery lawyer can review your case, give you advice on which defenses may be available, and present them in court for you. These include the following:
Self-Defense
When you use this defense, it means you needed to use physical force to protect yourself. Also, you should not have provoked the alleged victim into attacking you. You must show that you were in imminent danger of harm to use this defense.
Defense of Others
To use this defense, you need to prove that you used physical force to protect another person who was in imminent danger of harm. However, only a skilled defense attorney can determine if such a defense applies to your case.
Defense of Property
Sometimes, you can argue that you used physical force in order to defend your property. Such defense is especially compelling if you were defending your house. To effectively use this defense, you must show you defended your house against invasion or if somebody was attempting to steal something from your purse or wallet.
Consent
In some instances, you may claim the alleged victim gave consent to your use of force. Usually, it can arise in cases of sexual assault where somebody consented to an encounter.
Constitutional Defenses
Aside from the defenses specific to assault charges, you have different Constitutional defenses to explore like improper Miranda warnings, failure to get a warrant, illegal search and seizure, chain of custody issues, and forced confession.
What the Prosecution Must Prove
To get you convicted of assault and battery, the prosecution must prove all elements of the crime. Thus, they need to prove you tried to cause harm or intentionally cause harm to the alleged victim. There are different kinds of assault based on the extent and nature of the harm as well as the victim’s status. For instance, if the alleged offender committed this offense with the intent to cause serious bodily harm or kill another person, it is felonious assault.
