Law Offices of Michael T. Nolan, Jr.

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Defending against assault and battery charges

The details surrounding assault and battery charges are not always so cut and dry. New Jersey residents may be interested to know that there exists a number of defenses that can be presented to the court. Depending upon the specifics of the case, the individual charged may provide evidence or testimony to support their claim that they acted in defense of self, other individuals or property, or that the other person consented to the action.

To prove a claim of self-defense, an individual should try to verify that there was a threat of harm against them, a fear that they would be harmed, that they did not incite the other person and that there was no possibility of walking away from the altercation. An individual may also assert that their actions were caused when attempting to keep another individual out of harm's way. To rationalize their actions as a means of protecting another person, an individual will have to justify what caused them to know that this other individual was in danger of being harmed.

If an individual was defending their home from intruders, they may present evidence to show that at the time of the assault they were in fact defending their property. When personal property is the basis for the conflict, certain circumstances may make a physical confrontation acceptable, like when using the minimum force necessary to get back a wallet from a thief but not when an owner is using physical aggression to retrieve personal property from someone else.

An individual may have arranged with another person to engage in a physical fight but was charged with assault and battery by law enforcement. This individual may consider speaking to an attorney to determine if their jurisdiction allows consensual assault. A legal consultation may also help this individual understand the charges, what consequences he or she may be facing and what evidence may be presented in their defense.

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Law Offices of Michael T. Nolan, Jr.
514 Brick Boulevard, Suite 6
Brick, NJ 08723

Toll Free: 888-415-7141
Phone: 732-965-3342
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