Battery – Defenses
Orange County Battery Attorney
Just like with an assault charge, there are several battery defenses. Below is a list of the most common defenses, but the best defense will depend on the facts of your case.
Self-Defense
The law allows for you to defend yourself from imminent harm from another person. If you defended yourself by fighting back after another person attacked you, and you were the one that is charged with battery, you may have a viable self-defense claim. However, you may only use reasonable force in defending yourself. This makes it very important to have a battery attorney make your defense for you.
Accidental Contact
The crime of battery requires that you willfully make harmful contact with another person. Willfully means that you did the act on purpose. If the act you did was accidental and resulted in an injury, you can use this as a defense against a criminal charge of battery. It is crucial to have an attorney who can clearly articulate the facts of the circumstances and communicate that with the judge, prosecution, and the jury.
Intoxication
In some circumstances, being intoxicated can be used as a defense to the crime of battery. Battery requires willful conduct resulting in an injury. Being intoxicated may lend evidence that your act was not willful. This does not excuse you from acting a fool while drunk, because this may lead to other crimes being charged against you.
Reasonably Disciplining a Child
The law allows you to reasonably discipline your child. If charged with battery against your child, this may be a viable defense. However, the keyword in this defense is “reasonably.” It would be difficult in the mind of the judge to consider reasonable discipline of a child that resulted in a broken bone or worst.
These battery defenses are just a few of the defenses available. Call The Law Offices of Nam Q. Doan at (714) 248-DOAN (3626) to go over the facts of your case to see what defenses you may have. I am a Battery Attorney practicing all over Southern California including Orange County and Los Angeles. For more information, visit www.OCLegalDefense.com.