How to Beat Assault and Battery Charges
No matter where you may be, the law is as meticulous as you would expect it to be. Naturally, many crimes and applicable areas are outlined in a key detail. This prevents anyone from going through a criminal act, bringing about serious repercussions. However, this is ideal to have and not the current reality.
One of the most common charges to be laid against someone in our society comes in the form of assault and battery. However, if there happen to be some special circumstances, these charges can be dropped rather quickly.
Follow these tips on how to beat assault and battery charges:
Contact a criminal lawyer
When the police arrive at a crime scene, they will undoubtedly find the responsible parties. Afterwards, the appropriate charges will be laid, such as assault and battery. The next steps to proceed within this light can be tricky, especially if caught in the act. Should you feel that you are innocent, get in touch with a lawyer.
Even if you are guilty or innocent, it is your inherent right as a citizen to have a lawyer by your side. A criminal lawyer Toronto will analyze the circumstances and discuss how to get past the charges with you. Make sure you take the time you have to get to know them, as they will be protecting you in court!
What is assault and battery?
First and foremost, it is important to designate definitions of what assault and battery are. The true definitions may have similarities across the world but can be unique depending on where you reside. For instance, in Canada, assault is defined as a person applying force to another intentionally with consent.
Assault and the connected charge of the battery may come with various subsections and charges too. These can range from assaulting a police officer to sexual assault. Lawyers will determine which charges have the most potential to be dropped. Of course, this will ultimately depend on the evidence presented.
Consent
As mentioned previously, assault is the intentional application of force against another person. A keyword to get familiar with in this regard is that of consent. Without a person’s consent, an assault or battery charge will be that much harder to drop. However, things may become murky if consent is given.
An assault charge may still prove viable even with a person’s intentional consent. That is because the severity of the assault can be called into question by the opposing lawyer. Either way, if they cannot prove consent, you have a good chance of getting past the charge. Make sure your lawyer knows all the details here!
Self-Defence
One of the best ways to beat either charge described here is to employ self-defence. As the name of the defence states, this is when another individual is actively trying to harm you in some way. Naturally, you will be using a reasonable amount of force to prevent the harm being done to you.
Lawyers will often look for ways in which their client could have a viable case of self-defence to be used. That is because, if it appears to be transparent, the assault and battery charges can be dropped immediately. It all boils down to the circumstances of the case and how they have played out in real-time.
Reasonable Doubt
Assault and battery charges can be laid in virtually any scenario where harm was done to another party. However, if there appear to be cracks in the actual circumstances, reasonable doubt can be raised. This type of defence is used to acquit you of all charges if the details do not add up.
For instance, criminal courts can convict you of charges if things are proven beyond a reasonable doubt. Should reasonable doubt be raised in some shape or form, charges can be dropped in a much simpler manner. Again, your lawyer will know the best avenue to raise this concern in court.
Accidental Assault
Another key defence to note is that of a lack of intent. A lack of intent describes a situation where applying force to another person can be seen as accidental. There was no consent, but it can be seen as reasonable doubt as well.
Your lawyer will analyze the situation and inform you whether or not the charges have viability. If they do not, and the assault committed was truly accidental, the charges could be dropped. Unless it is a night and day-case, you could beat these charges!
