The body has two responses to an impending attack: fight-or-flight. Unfortunately, one of these responses is regarded as less civil than the other. In this blog post, Hager & Schwartz will determine if you can be arrested for self-defense during an assault and battery scenario.
Can You Be Arrested for Self-Defense?
In short, the answer is yes. Unfortunately, people acting in self-defense are sometimes charged with battery despite their innocence. While self-defense is a criminal defense against battery charges, that doesn’t mean the police have all the facts when they show up to a scene.
Therefore, if police officers are called to a scene and they witness you fighting someone else, they could arrest you for battery even though you were acting in self-defense.
Can You Fight Battery Charges by Claiming Self-Defense?
In short, the answer is yes. Someone’s culpability concerning battery charges is directly impacted by the evidence and circumstances of the charge. Thankfully, many forms of evidence can prove the innocence of those accused of battery.
Potential evidence that can be used to show the accused was acting in self-defense include:
- Videos or pictures of the engagement;
- Testimony of the accused;
- Testimony of witnesses of the engagement;
- The presence of a deadly weapon;
- Wounds or other indications of self-defense.
Hire an Attorney to Fight on Your Behalf
If you or a loved one is accused of battery, but in reality, you were acting in self-defense, hiring a knowledgeable and experienced battery attorney is arguably the best way to make to your case. A Hager & Schwartz attorney is ready to gather evidence and defend you from injustice!
Call (954) 840-8713 now to set up a free consultation for your case!