Assault and Battery: Building a Strong Defense

In everyday life, conflicts can escalate quickly, so understanding your rights and defenses in cases of assault and battery is crucial. These legal terms, often used interchangeably but each with separate meanings, carry serious consequences.


Whether you find yourself accused of these charges or are just seeking to understand your options, keep reading to understand how to build a strong defense in cases of assault and battery.

What Is Assault and Battery?

Assault and battery are often grouped together, but they represent separate legal offenses. Assault typically refers to the threat of violence against another person, while battery involves the actual physical contact or harm inflicted upon someone else. Both can be charged as misdemeanors or felonies, depending on the severity of the act and the resulting harm.

Common Assault and Battery Defenses

Mounting a defense against assault and battery charges requires a strategic approach that varies depending on the specifics of each case.


Here are some common defenses employed:

Self Defense

One of the most common defenses against assault and battery charges is self-defense. If you reasonably believe that you or someone else faced imminent harm or threat of violence, you have the right to defend yourself using appropriate force.


However, the force used must be proportionate to the perceived threat. A seasoned attorney can help gather evidence and testimony to support your claim of self-defense.

Defense of Others

Similar to self-defense, you may intervene to protect another person from harm. If you witness someone else in danger and reasonably believe that they are in immediate need of assistance, you can use force to defend them.


When using this defense, it’s crucial to consider:


  1. Your relationship to the person
  2. Proportionality
  3. Good samaritan laws


Again, the key is to ensure that the level of force used is reasonable given the circumstances.

Defense of Property

In some cases, individuals may use force to protect their property from theft or damage. However, the use of force in defense of property is limited and must be proportionate to the threat posed.


For example, you cannot use deadly force to protect against minor property crimes.


​​Your attorney will assess the circumstances surrounding the incident and gather evidence to support your defense of property claim.


Consent can be a defense in certain assault and battery cases, particularly those involving sports or physical activities where the risk of injury is inherent. If the alleged victim consented to the contact or knew of the risks involved, it may negate the charges of assault or battery.


However, the key distinction lies in the scope and understanding of consent. Consent must be informed, voluntary, and unambiguous. It cannot be coerced or obtained through deception. Additionally, the consent must extend only to the agreed-upon activity and not encompass unforeseen or excessive levels of force.

Secure an Experienced Attorney

If you’re facing assault and battery charges or have questions about your legal options, don’t hesitate to seek professional help. Contact us at 904-872-SHOE for a confidential consultation with our experienced attorneys. Your future may depend on the strength of your defense, so don’t delay in securing the representation you deserve.