“Are there any Defenses to a Battery Charge”?
Above and beyond both the standard pretrial mechanisms that we defense lawyers employ to try to beat a case and the generic trial defenses which are raised in virtually all criminal cases there are at least 3 defenses to any battery charge: Consent, Lack of Intent and Self Defense.
Consent: As Battery requires that the contact be non-consensual, consent to the contact is an obvious defense. Consider sporting events or agreed mutual combat. If two people agree to have a fist fight it’s going to be hard for one to later argue that s/he didn’t consent to the unwanted touching.
Lack of Intent: Intent is an essential element of the crime of Battery. You must intend to touch an unwilling victim and the intent to commit a battery is determined by the facts and circumstances surrounding the unwanted touching.
So if you is attempting to assist someone, even if that person does not want assistance, then the act of touching the person to assist them will not be considered a criminal act of battery.
Self defense is an affirmative defense to the crime of battery. If you are in reasonable fear of an imminent battery then you are lawfully entitled to use reasonable force to defend yourself against another person’s unlawful attack. In this case the aggressor would be the batterer.
At Michael A. Haber, PA “it’s all about reasonable doubt”!
Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series. Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case. Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:
Office Phone: 305-381-8686
Toll Free Phone: 1-888-SHARK-8-1
Cellular Phone / Text: 305-798-2220
E-Mail: [email protected] / [email protected]
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