If arrested and accused of battery, you need a criminal defense attorney in New Haven. We recommend calling our office and asking for help right away. Facing accusations of a crime is a matter that one must take very seriously. It is important to begin building a defense right away. In the case of battery, one of those defenses can even be self-defense.
While self-defense is a common factor that one can argue in every situation, there are a specific set of circumstances that must occur for this to be a logical argument. Primarily, anyone acting in self-defense must be responding to a threat or perceived threat. The test for this is whether or not someone else in the same situation would feel threatened.
If a reasonable and logical person would feel that they were in danger, it is acceptable to respond using force in order to protect oneself. However, if someone else in that situation would not have felt threatened, the battery accusation would likely stick.
Another factor to consider is the type of force that one uses to protect oneself. An argument can be made that any type of force is appropriate to protect someone from being harmed or potentially killed. However, a jury may view a response as being excessive, calling into question the self-defense argument.
When meeting with a criminal defense attorney in New Haven, it is crucial to discuss all circumstances of the case in order to determine if a self-defense argument is a logical one.
The prosecutor may try to demonstrate that the other party was not the aggressor in order to make it appear that someone was not acting in self-defense and was actually the aggressor. This makes it important to hire an attorney who can build a strong case involving evidence for why the incident occurred and how self-defense was truly the motivation.
In any criminal case, it is important to gather as much evidence as possible to demonstrate innocence or to create reasonable doubt. It takes time to build a strong defense. Witnesses need to be identified and interviewed, pictures and video footage need to be reviewed and any other background information gathered to demonstrate what happened leading up to the incident and during it.
All of these facts can be presented to the jury so that they can understand what happened, hopefully, find the accused was innocent. After the jury has heard all of the facts of the case they will need to determine if someone was acting in self-defense or if they simply committed battery. After the verdict has been read, the accused will either go free or move to the sentencing phase.
At this point, the evidence presented about the individual's character, past history, and the event will influence sentencing. An attorney can argue for why the sentence should be as light as possible, even in a conviction.
Call our office and speak with an attorney right away if you have been accused of battery. We can discuss what happened, determine if self-defense is a reasonable argument and begin providing legal representation.
NOTE: This is for informational purposes only and does not constitute