The defenses available for an assault and battery case vary based on the facts of the case. In cases where the assault did exist, and the perpetrator was not a victim of mistaken identity, a lawyer and/or the perpetrator will have to present a reason as to why the offense occurred.

Why You Should Hire a Local Criminal Defense Lawyer

Lawyers know more about the law than you do, but even when that isn’t the case (for example, if you’re a practicing lawyer), you still have to account for duress and individual court rules. The law is incredibly complicated to the point that filing the wrong documents could hurt your case.

For example, a group of local criminal defense attorneys in New Jersey understand the small subtleties that make up New Jersey and county-based laws that may be lost on you.

What’s more, pro bono or contingency lawyers either won’t expect you to pay them or are only paid if you win the case. Not only does this give you the ability to afford representation, but you could potentially avoid harsher sentences or an assault charge appearing on your record.

7 Possible Legal Defenses for Physical Assault

Although there are several defenses available for a defense crime, what your lawyer uses will depend on your specific crime (or non-crime). Here are 7 legal defenses your lawyer may use.

1. Self-Defense

Self-defense is likely the most common defense used in assault cases. To establish this defense, the person charged must prove that they experienced a real perceived fear of harm to themselves and that there was no chance of escape other than to assault the other individual.

2. Defense of Others

Defense of others is similar to self-defense, except the person charged with assault must have attacked another individual out of fear that they would pose harm to someone else. Once again, the accused must prove that the other individual was under a real perceived threat of harm.

3. Defense of Property

Defense of property is used if the defendant attacked another person out of fear that they would damage their property. If there is some evidence that the accuser damaged the defendant’s property before the defendant stepped in, then your lawyer will use this defense and likely win.

4. Duress (Stress)

Duress may be used if the defendant conducted an illegal act under the assumption that they’d be harmed if they didn’t comply. It can be difficult to prove duress, but a lawyer may use text messages, proof of physical harm to the defendant, or circumstantial evidence within the case.

5. Lack of Mental State

Also known as a “crime of passion,” a lack of mental state defense could work if the defendant was under so much stress that they weren’t aware of what they were doing. For example, if a defendant attacked their ex after a breakup, they may try to use this defense in their trial.

6. Consent

If an assault occurred under the expressed consent of the person being assaulted, consent may be used. For this defense to work, the defendant must be engaged in a contact sport. However, a defendant may get off if the accuser signed a contract that allowed the assault to take place.

7. Necessity

Necessity is a similar defense to duress, but a defendant would only use necessity if they had no other choice but to perform an illegal act. This is used in cases where the defendant is bribed to perform an act they otherwise wouldn’t do. Otherwise, they’d face certain consequences.