Few situations are more frightening than police charging you with assault or battery. The Florida Senate makes it clear that the state does not tolerate these crimes. In fact, you may go to go to jail if you are found guilty. Fortunately, there are several defense strategies that can help you fight these charges.
stranger covering the mouth of a terrified girl
Building a defense against assault or battery charges may require witness testimony and extensive evidence. The right approach can help mitigate the penalties or possibly convince the court to dismiss the charges altogether. In many instances, speaking to and hiring a skilled and experienced criminal defense attorney immediately after the incident may be critical! For example, in this day and age many places have digitally recorded video surveillance. In many cases, the footage can prove the alleged victim is being untruthful about some or all of the events they complained of in which instance we can discredit them. Unfortunately, the footage is often not recoverable in a matter of days but rarely longer than a month, depending on the storage capacity of the digital video recorder. If we are hired in time, we can assist in securing this and other potentially critical evidence before it has been lost or destroyed.
If you face assault or battery charges in Florida, Leader & Leader, PA can help. A Fort Lauderdale criminal attorney from our firm can aggressively fight for a positive outcome to your case. To schedule a consultation, call our office today at 954-523-2020.
In the meantime, here are four common battery and assault defenses.
- Self-Defense
This is by far the most popular defense against assault and battery charges. Self-defense is a legal right under Florida law; however, you have to prove it. In recent years Stand Your Ground has been effectively used to win these cases.
You must show that your actions were in response to the threat of immediate, physical danger. You will also have to show that you had good reason to be afraid for your safety, that you were not the provoker in the incident, and in some scenarios, that escape was not an option. With the formal adoption of stand your ground in Florida, you generally do not have to show that you could have fled and didn’t as in most situations, you have legal right to stand your ground. We have used this to effectively win since it has been recognized in Florida.
This defense can be challenging to prove. The law only allows you to match the threat of physical force with the same degree of force. For example, you will not be able to claim self-defense if you hit someone in the face with a bottle for swearing at you, but you can if he or she was trying to strangle you.
- Defending Others
Similar in many ways to self-defense, this strategy relies on proving that you only acted because you genuinely believed that another person was in danger and needed protection. To convince the court, you must prove that your actions were reasonable in relation to the perceived threat, such as a young male attacking an elderly, helpless woman who clearly needed your help.
- Consent
There are times when consensual acts spin out of control. This defense is more prevalent in cases of sexual assault, but it can apply to other scenarios, as well, such as playing at martial arts. If your accuser consented to your actions, then you cannot be guilty of assault and battery.
Unfortunately, you may have a difficult time proving consent in court. If your accuser initially consented to the act but you pushed it further than he or she was comfortable with, then the court may find you guilty. Furthermore the alleged victim may claim they withdrew their consent but you failed to relent.
- Defending Property
Americans have a constitutional right to defend their property, provided the retaliation is reasonable. Much controversy surrounds this concept.
It is possible to claim actions of defense if someone enters your property illegally, confronts you directly or withholds your property from you. You have the right to protect your property with reasonable force, especially if it is your home.
However, you cannot stalk the thief, beat him or her up, and reclaim your property. Additionally, it is illegal to use force to settle a dispute, such as who owns the item.
If you would like to discuss your case with a criminal lawyer, call Leader & Leader, PA at 954-523-2020 to schedule an appointment.
