Defenses for assault and battery in Alabama
In Alabama, possible defenses against assault and battery charges can be complicated. However, certain types of defenses may be more effective depending on the defendant’s situation.
In some cases, a defendant may use a defense claim when consent was involved in the altercation. Typically, this defensive argument is used in cases involving sexual assault. Therefore, this type of defense can be less solid because the court may still find fault with the contested action.
In many cases, a defendant might claim that the incident involved self-defense. Defendants claiming to have been defending themselves might be able to demonstrate their stance if they are able to provide evidence suggesting that they were directly threatened, had a reasonable belief a threat was present, did not instigate the incident or were trapped. However, self-defense may only be effective in certain cases. A person might also be able to claim that they were attempting to protect another person. Similar to the self-defense claim, the defendant must have had reasonable belief that the other person would have suffered harm.
When a person is acting in defense of their property, they might be able to use those circumstances as a defense against assault charges. In most cases, the harm is directed at the defendant’s home, especially if the defense was to prevent a home invasion. This defense does not apply to disagreements over personal property, such as a car or wallet, unless the property is forcibly taken from the defendant.
In Alabama, a criminal charge for assault and battery can carry heavy penalties. It is vital that an effective and strong defense is prepared before a defendant’s case is presented before the court. Securing the services of a criminal defense attorney as soon as possible may help deter these penalties.