Assault and battery charges stem from unwanted physical contact between individuals. Generally, the individual who initiates the contact against another will be charged with assault and battery, though the charges may apply to all parties involved depending upon the facts of the incident. In Michigan, there are a variety of defenses that a person may be able to apply if facing these serious criminal charges.
First, an accused individual may be able to prove that the alleged victim in the assault and battery scenario consented to the physical contact on which the alleged crime was based. If a victim consents or permits the alleged aggressor to touch or otherwise have contact with them then the accused may have a defense to the crimes they are alleged to have committed.
Second, a person facing assault and battery charges may be able to demonstrate that their contact of the alleged victim was necessary as a means of self-defense or the defense of a third party. If the alleged victim of the crime actually initiated the contact between the parties and the alleged aggressor only responded to the other's actions then these defenses may apply.
Readers of this Kalamazoo criminal defense legal blog are reminded that these and other defenses are case-specific. Not every defense will apply in every case and the facts of each legal situation will dictate how best an individual should approach their potential criminal defense strategy. As such, readers who wish to learn more about assault and battery charges, as well as the defense that may apply to them, are encouraged to speak with criminal defense attorneys who may assist them with their unique legal needs.