If you have been charged with battery—harmful physical contact—and are concerned about whether the charges can land you in jail or not, then you should speak with a criminal defense attorney. The professional can assist you with your defense, and there are a few things that the legal expert can argue. If you want to learn about a few of the defense types, keep reading.
Defense Of Property
While some individuals will claim that they were defending themselves when resorting to physical violence, this is not always accurate. For example, you may have been defending your home and not specifically yourself. This is something that commonly occurs when an individual breaks into your home. The break-in itself is often considered a threat of force against your property.
In a situation where a trespasser has been sighted, but the individual has made no threats against you, you will need to ask them to leave before you can start defending your property. However, there are some scenarios where a verbal request is not necessary. If you feel that you are in danger, even though no direct threat has been made, no verbal request is necessary. For example, if you believe the individual has a gun or that they will damage something before a request can be made, then you may be able to defend your property with force.
You should understand that the defense of property should almost never include deadly force. This is true unless an act of property damage can result in the death or serious injury of others in the nearby region.
Intoxication may be a defense against battery, but it can often only be used under specific circumstances. The intoxication needs to be involuntary, first and foremost. So, the defense only exists if you did not willfully consume drugs and alcohol and then hit another individual.
Under an intoxication defense, the drug will inhibit or impair your ability to make a rational decision to harm someone else. Any drug that can cause an impairment can fall under the defense, but you will need to prove that you were somehow tricked into taking drugs or alcohol before the incident occurred. You will likely need a blood or urine test to prove the intoxication occurred. Also, witness statements in relation to the intoxication, as well as character statements indicating you would not willfully take the substance, are necessary.
Involuntary intoxication may involve allergies or effects of certain medications that the individual did not know could be caused by the drug. If you want to know more about the type of defenses that are possible to defend a battery charge, speak with a criminal defense attorney.