At first, assault and battery cases might seem to be cut-and-dry. If one person physically attacks another, that individual may go to jail for the offense. However, real-life cases are rarely so simple. Upon taking a closer look at the case, a criminal defense or wrongful death attorney may discover that the defendant was acting in self-defense, for instance. After hiring a drug possession attorney to represent you, he or she will use the facts of the case and the available evidence to craft an effective defense on your behalf.
Acting in Self-Defense
The claim of self-defense is among the most commonly used legal strategies in assault and battery cases. You have the right to act in your own defense within reason. Generally, a successful self-defense argument requires that the defendant demonstrate that he or she acted with reasonable force. In other words, if someone slaps your face, reasonable force does not include discharging a firearm. It might include putting your attacker in a headlock or using pepper spray, however. If you continue to use force after the threat has dissipated, you may encounter legal trouble. To prove that you acted with reasonable force in self-defense, your criminal defense attorney may try to locate surveillance camera footage or impartial witnesses.
Acting in the Defense of Others
Another affirmative defense is acting in the defense of others. Your criminal defense attorney may demonstrate that your actions were reasonable and necessary because you perceived an imminent threat of harm to someone else. As with acting in self-defense, this legal strategy requires that you did not use excessive force.
Acting in Defense of Property
In some states, acting in defense of property may sometimes be a legal justification for the use of force . However, this legal strategy tends to bring mixed results. It is more likely to succeed when an individual is defending his or her home from an attacker. It may sometimes succeed when an individual uses reasonable force to recover property that was taken directly from him or her, as with the case of a purse-snatching.
If you or a loved one has been charged with assault, you need the guidance of a seasoned criminal defense attorney located near Woodbridge, VA. Call Johnson Law Firm, PC at (703) 670-0761. I am a criminal defense and auto accident attorney with 10 years of courtroom experience.