In Ohio, causing or attempting to cause harm to another party is an act of assault and battery. There are four different assault charges in Ohio, all of which can be very serious.
When facing charges of assault and battery, even misdemeanor charges, it is important that you understand your legal rights, and potential defenses that may work to secure an innocent verdict from a court. Consider these common and strong defenses to charges of assault and battery – for more information, contact our knowledgeable attorneys for a consultation.
Proving to the court that you acted in self-defense to defend yourself against harm from the supposed “victim” of assault and battery is one of the most common, and most efficient, defenses that there is. Keep in mind that in order to use the argument of self defense, this must actually be true; you cannot instigate assault on another person and then claim self defense. In order to claim self defense, you must prove that you believed yourself to be in danger of physical harm and that there was no reasonable chance of avoiding harm without engaging in assault.
Similar to self defense, assault may be legally permissible in the event that it was performed in the defense of another. For example, if you saw a person being physically harmed by another and you intervened, you could claim that you committed the assault in defense of the original victim.
Consent for assault can be a hard defense to prove, as it is rare for a consenting party to file charges against a defendant. The defense of consent is most common in two situations: First, in a situation where two mentally competent consenting adults agree to engage in some sort of physical combat, such as a martial arts match, for sport and entertainment; Second, when two mentally competent consenting adults agree to engage in sexual activity (one party may later claim that the activity was sexual assault).
In some cases, defending yourself successfully against charges of assault and battery is not possible; the evidence may be too heavily stacked against you. However, that does not mean that you are out of options. In many cases, the prosecution may be willing to negotiate a plea bargain, in which you plead guilty to a charge in exchange for a concession from the prosecution. For example, a charge of simple assault may be reduced to a charge of negligent assault in exchange for a plea of guilty.
If you are facing criminal charges for assault and battery in Ohio, you need a legal advocate on your side. At The VanNoy Firm, our experienced attorneys have a firm understanding of the criminal process, best defenses, and how to protect our clients. Contact us today to get started.
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