Main Menu McGoughLawP.C., L.L.O.
Contact Our Firm:
402-614-8655
After Hours/Emergency:
402-660-6909
  • Nebraska’s Go-To Sex Crimes Defense Firm
  • Nebraska’s Go-To Drug Crimes Defense Firm
  • Nebraska’s Go-To Criminal Defense Firm

Navigating a Legal Case Involving Assault and Battery

Criminal cases involving assault and battery are some of the most common criminal cases in the legal system. Partially due to the fact that assault and battery cases are frequent occurrences, in some areas of the country political pressure is mounting to crack down on people convicted of assault and battery charges.

Penalties for those who are convicted could include substantial fines or even prison time depending on the prior record of the defendant. However, not everyone accused of assault and/or battery should be held accountable in such ways. Oftentimes, legitimate defenses to these charges can aid defendants in having the cases against them mitigated or dismissed.

Defense Strategy 1: Self-Defense

The constitution states that people have the right to defend themselves against danger. This could even include using deadly force to protect themselves. Therefore, people should always think about the circumstances of the crime that they're charged with. If they were in imminent danger, then that person generally has the right to use force to defend themselves even if that force would constitute assault or battery under separate circumstances.

Defense Strategy 2: Coming to the Aid of Others

The law also states that someone can use force to intervene and stop an attack on others. Sometimes, people see a friend, spouse, or family member under attack from someone else. Other times, someone might just notice an innocent bystander being attacked by someone else. The law states that someone can come to the aid of these people and use force to fight off an attacker. In this situation, the defense attorney will need to recreate the series of events that demonstrates force was warranted for the defense of others. It is also helpful to have other witnesses who can back up that version of the story. If the intervention was warranted, the assault and battery charge will be dismissed.

Defense Strategy 3: Both Parties were Fighting

This is another common defense used in an assault case. While the result isn't always a dismissal, it could wind up being downgraded to a lesser offense with significantly lesser penalties. Sometimes, people make poor decisions and decide to work out their differences using violence. While this isn't the best decision, common sense would dictate that mutual fighting should be a lesser offense than a full assault and battery case. Just because someone wound up with significantly worse injuries than the other person doesn't mean that mutual fighting wasn't involved. These cases might be downgraded to a lesser charge such as disorderly conduct.

Retaining the counsel of an experienced defense attorney who understands how a specific judge may view any of these defenses is key to mounting the most successful defense strategy possible. As a result, anyone facing an assault and battery charge should contact an experienced legal attorney for assistance in order to explore strategic defense options appropriate to their specific case.

No Comments

Leave a comment
Comment Information
  • BBB Accredited Business
  • 10 Best 2016 Client Satisfaction American Institute Of Criminal Law Attorneys

Back To Top

Success Stories

  • Defendant was charged with sexual assault of a minor. At the deposition of the alleged victim, our firm got the alleged victim to confess that she made the whole thing up. Charges were dropped against our client.
  • Defendant was charged with possessing a large quantity of marijuana. Following a complete investigation by our firm, the State agreed to dismiss all charges against our client.
  • Defendant was charged with embezzling more than $300,000.00, from a previous employer. At the deposition of the alleged victim, our firm highlighted a number of inconsistencies and questionable statements. The State agreed to dismiss all charges against our client.
  • Defendant was charged with child abuse resulting in death. Following the investigation of our firm, depositions of key witnesses and presentation of our findings to the prosecutor, the State agreed to dismiss the charges against our client.
  • Defendant was charged with carrying a concealed weapon. The matter proceeded to trial and the jury found our client Not Guilty.

What Our Clients Say About Us

  • “Jim, Thank you for all of your help over the past couple weeks. I cannot emphasize enough how much better I have felt after receiving your help. Keeping my record clean as possible means a lot to me and I couldn’t have done it without you, thank you!” -TP
  • “Jim, It's always a pleasure to see you in court. Your effective, professional representation of your clients is so helpful.” -LW
  • “Jim, On behalf of the V family, please allow me to offer a HUGE thank you for your exemplary legal representation - especially considering you took on this case a mere 5 months ago. ” -CV
  • “Thank you so much Jim for everything you have been doing on my case, you are greatly appreciated. I will contact you if anything else comes up//until then God bless you! ” -SH
  • “Jim, thank you for everything. After I was resentenced I became eligible for camp custody. I am now on the RDAP list and doing fine” -MH
  • “JThank you so much for writing back. I read your response and I want you to know I completely trust you” -KV