Assault and battery are serious charges that can lead to jail time, a criminal record, and a tarnished reputation. If you have been charged with assault or battery, it is important to know that there are defenses available to you.
If you are facing assault or battery charges, our Bloomington criminal defense attorney at The Prior Law Firm, P.C., can help you identify the best defense strategies available to you based on the facts of your case.
Defenses to Assault and Battery
These are some of the most common defenses to assault and battery charges:
Self-Defense
One of the most common defenses to assault and battery charges is self-defense. This defense is based on the argument that the defendant used force against the victim to protect themselves from harm. In order for this defense to be successful, the defendant must show that they reasonably believed that they were in imminent danger of injury/death and that the use of force was necessary to protect themselves from that harm. Self-defense laws are found under Article 7 of the Illinois Criminal Code (720 ILCS 5/Art. 20).
Defense of Others
Another common defense to assault and battery charges is the defense of others. This defense is based on the argument that the defendant used force against the victim in order to protect someone else from harm. In order for this defense to be successful, the defendant must show that they reasonably believed that the person they protected was in imminent danger of injury or death and that the use of force was necessary to protect that person from harm.
Defense of Property
A less common but still viable defense to assault and battery charges is the defense of property. This defense is based on the argument that the defendant used force against the victim in order to protect their property from damage. In order for this defense to be successful, the defendant must show that they reasonably believed that their property was in imminent danger of damage and that the use of force was necessary to protect the property from damage.
Consent
Consent is another possible defense against assault and battery charges. This defense is based on the argument that the victim consented to be harmed by the defendant. In order for this defense to be successful, the defendant must show that they reasonably believed that the victim consented to be harmed by them. In most cases, consent will not be a valid defense if the amount of force used by the defendant was excessive.
Entrapment
Entrapment is another possible defense against assault and battery charges. This defense is based on the argument that the defendant only committed an assault or battery because they were tricked into doing so by law enforcement officers. In order for this defense to be successful, defendants must show that they would not have committed an assault or battery if not for law enforcement officers tricking them into doing so.
Consult with a Criminal Defense Attorney
Each case is unique, which is why the above-mentioned defenses may not apply to your case. That is why you might want to contact an experienced and dedicated criminal defense attorney at The Prior Law Firm, P.C., to discuss your particular situation and determine the best possible defense strategy for you. Call (309) 827-4300 to receive a free consultation.