Mathis, Bates & Klinghard PLLC
A Family Law Firm - Clarkville, TN
Call Today For A Free Consultation 931-444-3153
click here to call now 931-444-3153

A More Progressive Approach to Legal Representation

Possible defenses for assault and battery

If you have been accused of physically injuring someone or attempting to injure them, you may face assault or battery charges. Being charged with a violent crime is serious and could lead to long-term consequences. Many Tennessee residents convicted of these criminal charges face years in prison.

Fortunately, the criminal justice system is based on a presumption of innocence. This means that the prosecution has the difficult task of proving your guilt beyond a reasonable doubt to get you convicted. If they fail to do that, your charges will likely be dropped. While it is the prosecution's job to prove that you committed the crime in question, a solid criminal defense strategy can play a huge part in whether the prosecution is successful in proving your guilt.

In assault and battery cases, one defense will require you to prove that you acted in self-defense. Self-defense requires you to prove there was an imminent threat of force against you and that you genuinely and reasonably feared that you would be harmed. You will also need to show that you did not provoke the other party or cause them harm, and that you were unable to get away from the situation. You may also say that you committed the act in an effort to defend someone else. This is similar to self-defense, except that you need to have a reasonable fear of harm to another person instead of yourself.

In some cases, you may be able to argue that the individual you "attacked" consented to that act. It can be difficult to prove this defense in court, especially because many courts find that even consent does not excuse certain violent behaviors.

If one or more of these defenses are established in court, you may be found not guilty of assault and battery charges and be free to resume your normal life.

Source: FindLaw, "Assault and Battery Defenses," accessed on June 6, 2017

No Comments

Leave a comment
Comment Information
email us nowemail us now

Contact Us For A Free Consultation

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Mathis, Bates & Klinghard PLLC
412 Franklin Street
Clarksville, TN 37040

Phone: 931-444-3153
Fax: 931-278-6642
Clarksville Law Office Map

Review Us
back-to-top