Daniel Lewin

Fierce Advocacy. Genuine Compassion.

Potential defenses to assault charges

On Behalf of | Feb 23, 2026 | Assault

If you are accused of assault and battery, it means that you allegedly physically assaulted another person. This is a fairly serious violent crime charge that can create a permanent record. A conviction could result in incarceration.

As such, it is important to understand what legal defense options you have. While every case is unique, below are three options that may apply.

Mistaken identity

First of all, you may claim that the police have arrested the wrong person. Perhaps they broke up a fight at a bar, and an eyewitness said that you were involved, but you did not do anything wrong. Eyewitness misidentification is one of the top reasons for wrongful convictions.

Self-defense

Even if you admit that you were involved in the physical altercation, you may claim that it was justified. You were acting in self-defense. You did not want to be part of the altercation, but the other person was the aggressor, and you felt you had no choice but to use force to defend yourself.

Defense of property or others

Similarly, you can often claim defense of property or defense of others. For instance, maybe someone assaulted your spouse, and you stepped in to protect them. Or perhaps you found someone trying to break into your car, and you pushed them away from the vehicle. In both of those cases, your use of physical force may have been justified.

Your defense options

Again, your situation is unique, so these defense options may not necessarily apply. It is important to work with an experienced attorney to explore the options that are available to you.

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