{"id":351999,"date":"2023-12-08T08:40:47","date_gmt":"2023-12-08T13:40:47","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/criminal\/criminal-charges\/assault-and-battery-defenses.html"},"modified":"2025-01-15T08:40:00","modified_gmt":"2025-01-15T13:40:00","slug":"assault-and-battery-defenses","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-charges\/assault-and-battery-defenses.html","title":{"rendered":"Assault and Battery Defenses"},"content":{"rendered":"\n
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Assault and Battery Defenses<\/h1>\n
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\n By Samuel Strom, J.D.<\/a> | Legally reviewed by Rhonda Earhart, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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The defenses available in assault and battery cases vary widely. Available defenses depend on the facts and circumstances. Some cases are straightforward, while others are complex.<\/p>\n\n <\/div>\n\n

This article briefly describes assault and battery. Then, it describes legal defenses and defense strategies the accused may claim. For more information about assault and battery, see FindLaw’s Assault and Battery Overview article<\/a>.<\/p>\n

Or, you can talk to a local criminal defense attorney<\/a> about specific assalt or battery charges. A lawyer can discuss how to win an assault case and explain your particular chances of a successful defense. They can also help explore opportunities to lower potential criminal penalties. <\/p>\n

Assault and Battery Explained<\/h2>\n

Generally, an assault<\/a> happens when someone puts another in fear of imminent harm. An example of assault includes making threats that put someone in reasonable fear of bodily harm. Battery<\/a> happens when someone makes unlawful or offensive physical contact with another person without their consent<\/a>. Many states combine assault and battery into one charge.<\/p>\n

Some states classify different types of assaults based on their severity, such as first-degree assault, third-degree assault, or simple assault. Many states also bring criminal charges<\/a> for aggravated assault<\/a> or aggravated battery. Using a deadly weapon<\/a> or causing serious bodily injury<\/a> may lead to aggravated assault charges. Depending on the jurisdiction and circumstances, charges of assault may qualify as a misdemeanor or felony.<\/p>\n

Assault and Battery Defenses<\/h2>\n

As with most charges in criminal law<\/a>, there are many defenses to assault and battery accusations. If law enforcement arrests you for an alleged assault and battery, you may avoid jail time if you successfully assert a defense. Read on to learn about some of the most common defenses.<\/p>\n

Self-Defense<\/h3>\n

Self-defense is probably the most common defense used in assault and battery cases. To establish self-defense<\/a>, an accused person must generally show:<\/p>\n