If you are looking for someone to defend your assault and battery case, look no further than Ward K Johnson, the Assault, and Battery Law Firm North Dakota who will help you build the best defense case.
Assault and battery are two separate charges:
Assault is when someone is threatened with bodily harm. If you have been charged with assault, you have been charged with attempting to harm a person’s life or putting them in a position where they have fear for their life. You do not have to hurt someone physically to be charged with assault. For example, pointing a knife at someone or sending threatening messages to someone would suffice as an assault charge.
The battery is an intentional physical contact with someone through a body part, substance, or object, against that person’s will. Slapping someone on their face with your hand, beating someone with a bat, and spitting on someone’s face are all examples of battery.
When you are charged with assault and/or battery you may believe that there are not many ways to defend yourself. But, there are! There are exceptions to assault and battery charges that can get around a conviction. Our Assault and Battery Lawyers North Dakota can help you use these privileges to build your defense.
In the Name of Defense
An assault and battery charge filed against you can be dismissed if the harm you have caused was in the name of defense. This defense can be of three kinds- self-defense, defending others, and defending property. If you have used a reasonable amount of force to protect yourself from harm, then it is considered self-defense. If you have used reasonable force in the protection of someone else, that is the protection of others. Defense of property is when you have used reasonable force to protect your property. However, it must be a ‘reasonable’ amount of force. In the sense that if someone has threatened to spit on you, and you retaliate by hitting them with a bat, then you are using an unreasonable amount of force. The laws on defense change from state to state. You should consult our Assault and Battery Law Firm North Dakota. We will help you figure out which laws apply to you.
This privilege applies only to certain people in certain areas of work. It allows an individual the responsibility of using a reasonable amount of force to discipline someone, especially in cases where they may hurt themselves, someone else, or property. For example, if a parent physically restrains their child, or if a staff member at a mental health hospital uses some force to restrain a patient, it is not typically considered a charge of assault and battery. Here again, it must be a reasonable amount of force. As Assault and Battery Lawyers North Dakota we can use this argument to have your case dismissed.
Policing and Conduct
Police conduct is perhaps the most famous assault and battery exception. Law enforcement is allowed to use reasonable force while conducting their duties, as it is a way to safeguard the law. Reasonable force, again, is key in this case. If you are a police officer and needed to use a reasonable amount of force to apprehend a criminal or carry out a lawful arrest, then you will be protected under this exception.
These are only a snapshot of some privileges against assault and battery charges. Our Assault and Battery Law Firm North Dakota is armed with the knowledge of all the privileges that exist under the law and will guide you to find the privilege that best defends your case.
Our Assault and Battery Lawyers North Dakota at Ward K Johnson are experts at building defenses against assault and battery charges. Visit our offices today, to find the right help for your case!
This article is for informational purposes only and is not intended as a substitute for legal advice.