Defense of assault and battery
In order for you to be convicted of assault and battery, the prosecution has to prove two things.
- That you intentionally touched another individual without prompt.
- That the manner of touching was offensive.
A common defense for assault or battery charges is that the touching was in response to an assault by the complaining witness or that the touching occurred in self-defense. Common defenses are:
- Consent: This defense would claim that the alleged victim gave consent to some form of physical contact. Mutual combat, or an agreement to fight, is a form of consent.
- Self Defense: In Virginia, you can help prove self defense by proving the record of the complaining witness for violence. In some cases, you do not even need to have been aware of the past history to use it in proving self defense.
- Public Authority: This defense would apply if you are a member of law enforcement and needed to engage in unwanted physical contact in order to arrest an individual.
There are certainly other defenses that can be used to protect your rights. We encourage you to contact Ervin Kibria PLLC to discuss the details of your case and what can be done to better your situation.