D. Scott Rieth Criminal Defense Attorney
888-352-3179 941-404-4192

Where is the line between self-defense and assault and battery?

There are likely few of us who consider ourselves violent people. However, when push comes to shove and shove leads to charges, we may find ourselves facing a long-lasting mark on our records as a violent criminal. This is where having an advocate that knows the court system and prosecutors you are contending with can be invaluable. You will need the judge to see that you aren't a walking time bomb or a menace to society, you were merely put in a situation where you were compelled to physically take a stand against a threat to yourself or someone else.

There are contingencies in a defense argument when it comes to an assault and/or battery charge. The primary takeaway points are:

  • Whether or not there was an unprovoked and legitimate fear felt. This fear can be for themselves or for another person.
  • There must also be no obvious accessible means of escape or avoidance of the situation. So, in essence, the resulting physical action appeared to be the only option outside of being hurt or allowing some other vulnerable party to suffer the consequence of no action.

In turn, if your land, home, vehicle or other personal property is being trespassed against or otherwise threatened, you have the right to protect it. Again, there are contingencies and limitations to the defense of property and these apply to the other defense arguments as well. The defense cannot exceed the threat perceived and the defense needs to be something of a last resort, meaning there wasn't a nonviolent remedy, at least not one immediately recognized.

Your defense must be with words and must justify a physical response. If you've been charged with assault and battery and need to prove you acted in self-defense, you could could likely use a trained defender on your side to advocate for you. With a Florida criminal defense attorney in your corner, you may stand a fighting chance at seeing charges dropped or reduced significantly.

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D. Scott Rieth
9040 Town Center Parkway, Suite 204A
Bradenton, FL 34202

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Toll Free: 888-352-3179
Phone: 941-404-4192
Fax: 941-782-5501