____ is a common defense asserted in assault and battery charges..
Another straightforward way that assault is sometimes defined is as an attempted battery. Indeed, generally the main distinction between an assault and a battery is that no contact is necessary for an assault, whereas an offensive or illegal contact must occur for a battery. Assault and Battery charges vary significantly depending on the laws of the state where you live. Charges can range from misdemeanor simple assault to serious felonies like aggravated assault and battery with a deadly weapon. Simple Assault – A simple assault may mean any attempt or threat to injure another person. Charges can range from misdemeanor simple assault to serious felonies like aggravated assault and battery with a deadly weapon. 1  Simple Assault – A simple assault may mean any attempt or threat to injure another person. 2  Negligent Assault – An assault charge that may not be deliberate, but reckless or accidental. In an assault or battery case there are important defenses that may apply, especially in cases where two people were involved in a mutually heated exchange. If you or someone you know is concerned about a criminal assault or battery charge, it's critical to contact a criminal defense lawyer as early as possible. However, operating under the assumption that the basic elements of an assault / battery exist in a case (i.e. it is not a case of mistaken identity or some other fundamental error), the following are some possible defenses to assault and battery charges along with a few helpful examples. Self-defense. Self-defense is a defense to certain criminal charges as well as to some civil claims. Under both Criminal Law and Tort Law, self-defense is commonly asserted in cases of Homicide, Assault and Battery, and other crimes involving the attempted use of violence against an individual. Statutory and case law governing self-defense is generally the same in tort and criminal law. Consent may be available as a defense to an assault/battery charge, depending on the jurisdiction. Where available, if an individual has consented voluntarily to a particular act, then that same act generally cannot be asserted to constitute an assault and battery. Self-defense is a common defense by a person accused of assault, battery, or homicide. The force used in self-defense may be sufficient for protection from apparent harm (not just an empty verbal threat) or to halt any danger from attack, but cannot be an excuse to continue the attack or use excessive force. Assault and Battery Overview. In most states, an assault/battery is committed when one person: 1) tries to or does physically strike another, or 2) acts in a threatening manner to put another in fear of immediate harm. Self-defense is probably the most common defense used in assault and battery cases. In order to establish self-defense, an accused must generally show: a threat of unlawful force or harm against them; a real, honest perceived fear of harm to themselves (there must be a reasonable basis for this perceived fear);
Self-defense