Assault & Battery Case Defense: Oklahoma City, OK: Martino Law Firm
Many people confuse the terms, “Assault” and “Battery.” Assault is the act of placing a person in fear of imminent bodily harm. So you could be charged and convicted without ever actually touching the alleged victim. Battery is the actual offensive physical touching of another individual without that person’s permission.
You could be facing a misdemeanor or a felony depending upon the nature of any injuries sustained by the alleged victim and whether or not you have any priors. Either way, you could be facing jail time ranging from 1 year to 20 years based solely on the victim’s word. I can help tell your side of the story.
In order to obtain a conviction, the prosecution must be able to prove that the defendant is guilty beyond a reasonable doubt. Many people often have arguments that escalate into a heated situation. Often times it may be your word against the alleged victim’s. However, you can offer a solid defense by presenting any witnesses that were present at the time the altercation took place. I may be able to impeach the credibility of the victim’s testimony if it conflicts with the statements that were given to the officers at the time of your arrest.
The court may consider the person justified in their actions if they were in the process of protecting themselves against a perceived threat. The victim may have been harmed when the defendant employed self-defense measures in order to escape bodily injury from a drunken spouse. Once a case goes forward, it will be up to the judge or jury to decide who is telling the truth. It is important to have experienced counsel on your side during this time.
Quite often in cases involving an assault charge, the defendant may have acted in self-defense or the defense of another person. If you were attacked and fought back without using excessive force, this could be considered self-defense; if you fought back and did employ excessive force this is called imperfect self-defense. In some cases, the accusation may be false and if there were no witnesses, this can bode well in the defense of your case.