Legal Defense Strategy for Assault & Battery Charges

The incident began after a social gathering, where the client and their acquaintance, referred to as Person A, became involved in a verbal dispute.

The situation escalated when Person A allegedly became physical.

Witnesses claimed that the client had intentionally pushed Person A.

The client, however, denied any malicious intent and explained that they only tried to deescalate the situation by gently holding Person A’s sleeve.

Despite this, Person A reported the client to the police, accusing them of assault.

The case soon became a matter of defending against assault & battery charges in New York.

The prosecution relied heavily on the testimony of Person A and the witness statements, which alleged that the client pushed Person A.

However, upon reviewing the available evidence, our defense team noted significant inconsistencies in the victim's account of the events.

Additionally, there were no medical records to indicate any injury that would substantiate the claim of assault & battery.

Furthermore, the lack of surveillance footage showing violent behavior undermined the prosecution's case.

For assault & battery charges to apply, there must be clear evidence of intent to cause harm.

New York law defines assault as the intentional infliction of bodily injury, and for battery, it involves unlawful physical force.

In this case, the defense highlighted that the client did not intend to cause harm, but was only trying to intervene and prevent further escalation.

assault & battery charges also require unlawful physical contact.

The defense argued that the contact made by the client was minimal, with the sole intent of restraining Person A, not causing injury or harm.

By focusing on the intent and the nature of the contact, the defense successfully argued that it did not meet the threshold for assault & battery under New York law.

1. No Malicious Intent
The defense demonstrated that there was no malicious intent to harm Person A.

The client’s actions were deemed to be an attempt to prevent further conflict, not an act of aggression.

2. Lack of Physical Injury
The prosecution’s case lacked evidence of significant injury, which is a key component in any assault & battery case.

The absence of medical records showing harm was crucial in securing the dismissal of charges.

assault & battery charges in New York carry severe penalties, but with the right legal defense, it's possible to have charges reduced or even dismissed.

In this case, by working closely with experienced defense attorneys, the client was able to avoid the harsh penalties that come with a conviction.

If you are facing similar charges, seeking legal representation early is crucial to securing the best possible outcome.