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What Defenses to Use If Charged With Battery

Battery is any use of force on a person or their belongings. Often, battery is paired with assault charges which are defined as any threat to harm someone or make them fear for their life or well-being. Battery is when that threat is carried out and force is applied. Being charged with battery is very serious and you need to know your options for defense. 

Self-Defense, Defense of Other, or Defense of Property

One of the most common defenses for battery charges is the claim that you were actually defending something in the situation. You may have only applied force in order to defend yourself from an attack or threat. You can also claim that you were defending another person from being attacked or that you were defending your own personal property or someone else’s property. If you use any of these defenses, you need to prove that the supposed victim was actually the attacker in the situation.


While perhaps not the most common defense, you can claim consent in your case. In this instance, you would have to prove that the victim in the case consented to whatever force you applied. For example, you could claim that you both consented to fight each other. Keep in mind that this is a tricky defense to make. If you claim that the victim consented to the force that was used, it could also be argued that you exceeded the force they agreed to and this will then extend to battery charges. Consent as a defense is also heavily scrutinized by the court and may not be the best course of action. 


It’s possible for victims to misidentify their attacker and this can lead to the wrong person being arrested. While being attacked, the victim may not be fully aware of the situation or they might not see who is attacking them. If you have been wrongfully accused, you would need to prove that you were not the one who attacked the victim and that you were misidentified by them.  If you’ve been charged with battery, you need to understand what specific charges you’ve been given and what the ramifications of those charges are. Next, you will need to find an attorney to help defend you. An attorney is highly experienced and they can guide you to the best defense.  You need quality and experience on your side. Click here to contact a Criminal Defense Attorney from the Law Offices of Bradley Corbett. 

Bradley Corbett

Bradley Corbett is a criminal defense attorney in San Diego. He graduated from Brigham Young University in Provo Utah in 2004. Later he enrolled at Thomas Jefferson School of Law in San Diego where he participated in a prestigious internship program with the Los Angeles County Public Defender. Since then he has handled over 2,000 cases.

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