Miami Attorneys List the Best Legal Defenses Against Assault and Battery
Being charged with assault or battery can lead to serious consequences like jail time, fines, and a criminal record. That’s why it’s important to work with an experienced Miami criminal defense attorney to fight the charges. In this article, we’ll explain common assault and battery defenses that could get the charges reduced or dismissed.
What is Assault and Battery?
Assault refers to intentionally putting someone in fear of immediate bodily harm. Battery is actually causing unwanted physical contact with someone. Many assault cases also involve battery. These charges often happen together in fights, domestic violence, and other disputes that get physical. Felony assault or battery charges are possible when weapons are used or the victim suffers serious injuries.
Self-Defense
One of the most common defenses against assault and battery allegations is self-defense. This means admitting you did commit the violent act, but arguing it was necessary to protect yourself from harm. For example, if someone attacks you first and you fight back only to the extent needed to escape the situation, that could be lawful self-defense. There are specific legal requirements for claiming self-defense in Florida though.
Defense of Others
Similar to self-defense, you are legally allowed to use reasonable force if needed to protect another person from harm. So if you see someone being assaulted, you can intervene and use violence to stop the attack. But the amount of force must match the threat. You usually can’t inflict serious injuries or use weapons when defending others from minor attacks.
Lack of Intent
Most assault and battery charges require prosecutors to prove you intended to cause harmful or offensive contact. For assault, they must show you tried putting someone in fear of harm on purpose. If there is evidence you acted by accident or mistake, it could defeat these charges. For example, a defendant could argue they were defending themselves but accidentally harmed a bystander not involved in the dispute.
Mistaken Identity
In assault and battery cases relying on witness testimony, identity mistakes are possible. If the victim or witnesses did not know the perpetrator, they may misidentify an innocent person. An experienced attorney will closely examine the credibility of witnesses and challenge shaky ID evidence. Things like poor lighting, brief time viewing the perpetrator, or cross-racial identification could make witnesses less reliable.
Fabricated Allegations & Lack of Evidence
Some assault and battery allegations turn out to be exaggerated or completely fabricated. Common motives for false allegations include covering up one’s own wrongdoing, seeking revenge over personal disputes, or making claims for financial gain. Skilled defense lawyers know how to spot implausible allegations and challenge accusers to prove their claims.
Even with truthful allegations, prosecutors can still lack enough evidence to prove their case beyond a reasonable doubt. Things like contradictory witness statements, lack of documentation for injuries, and absence of DNA or fingerprint evidence could all create reasonable doubt of the defendant’s guilt.
Mental Illness
In some assault cases, the accused person suffers from mental illness like schizophrenia, post-traumatic stress disorder (PTSD), or psychotic disorders. If their illness caused delusions or hallucinations that made them unable to understand the consequences of their violent actions, this may provide a defense. Support from psychiatric experts is essential in attempting such an argument.
Intoxication
Excessive intoxication from alcohol or drugs could provide a defense against assault charges in certain situations. Generally, voluntary intoxication is not an excuse. But Florida courts have ruled that intoxication negating awareness of one’s actions could defeat assault charges requiring proof of intent.
In battery cases based on reckless conduct though, intoxication does not help the defense since recklessness only requires awareness of risk. Overall, the impact of intoxication defenses is limited compared to mental illness claims.
Civil Compromise
In minor assault and battery cases between people who know each other, Florida law allows a “civil compromise.” This means the defendant pays money damages to the victim, who then agrees to drop the criminal charges. Judges have discretion whether to accept such compromises. These resolutions are more common in domestic violence cases to help avoid family disruption from a criminal conviction.
Plea Bargains
Another way Miami defense attorneys resolve many assault and battery cases is through plea bargaining. This involves negotiating with the prosecution to plead guilty to a less serious offense in exchange for dropping the felony charges. Typical plea bargains include pleading to misdemeanor assault or battery charges. This avoids the risk and punishment of a trial while still providing some accountability.
Experienced lawyers craft personalized defense strategies combining these and other arguments to get charges dismissed or reduced. Miami assault and battery laws are complex, so working with a skilled attorney is essential.
The information in this article should not be interpreted as legal advice. All assault and battery allegations involve unique evidence and circumstances. For advice about your specific case, contact a qualified Miami criminal defense lawyer.
References
Self-defense law: https://www.flsenate.gov/Laws/Statutes/2011/776.012