Getting Charged with Assault or Battery in Philly? How to Fight Back

Hey there! If you’ve been accused of assault or battery in Philadelphia, I feel you. These kinds of allegations can turn your life upside down real fast. But don’t panic! There are ways to fight back. As a lawyer in Philly, I’ve helped many clients in your shoes beat these raps. Let me break down some of the best defenses so you can start building your case today.

First up: self-defense. If you only used force to protect yourself or someone else from harm, that’s totally legal in Pennsylvania. The key is showing you acted reasonably under the circumstances. Like, if someone comes at you with a bat, you can fight back or even use a weapon for self-defense. But you can’t chase them down the street and shoot them in the back, you feel me? That’s excessive. As long as you show the force was directly necessary to stop the threat, self-defense will get you off the hook.

Next, consent. If the “victim” agreed to the physical contact, there’s no crime. This works for bar fights, rough sports, and yes, even consensual BDSM. You just need evidence – texts, witnesses etc. – proving it was mutual. The contact only becomes illegal if it goes beyond what was agreed to. So if you’re into some freaky stuff, get clear consent first!

You can also argue you made an honest mistake. If you truly didn’t mean to hurt someone – like if you accidentally bumped into them – you aren’t guilty of assault or battery. You have to show there was no criminal intent. Just be honest and remorseful about the mistake and any injuries caused. Most judges will let you off if it was a genuine accident.

Now, if the accuser is straight up lying, you’ve got a solid defense right there. Point out any inconsistencies in their story. Get people who know them to testify about their reputation for dishonesty. Present proof you were nowhere near them when it supposedly happened. If you can show they fabricated the charges for money, revenge, or other motives, the case will crumble.

Insanity or diminished mental capacity can also excuse assault or battery. If mental illness prevented you from controlling your actions or knowing they were wrong, you may not be culpable. Your lawyer can argue you weren’t responsible due to psychological issues. Just be ready for the court to order counseling or treatment.

There are other creative defenses too. Maybe you were involuntarily intoxicated and not in your right mind. Or you were falsely imprisoned and acting under duress. Or it was an unfortunate accident during a sport or game. Don’t be afraid to think outside the box!