How can I beat a battery case if I was defending myself.

Question

The prosecutor offered a 20 days due 10 but I was defending myself so I didn't take it. My trial is set for the end of this month.

Larry Dunn · Answer

Self defense is an affirmative defense to a charge of battery meaning the  accused much produce evidence that the force used was necessary and commensurate  to the threat. 

Battery is 'unlawful' force and self defense is  'lawful' force.  

Pleading not guilty and proceeding to trial is the appropriate way of asserting  self defense.

James Osak · Answer

Tell your story. Do you have witnesses? Video tape of the incident? Do you have a criminal record? Are you believable? Good luck.

Eric Sterkenburg · Answer

A battery is defined under California Penal Code Section 242 as any willful and unlawful use of force or violence upon the person of another. 

Self-defense or defense of another is a defense to battery. If you can prove that your actions were self-defense or if the prosecutor cannot prove that self-defense was not required then you should not take the offer. For this charge you need an attorney. 

Without reading over the police report and investigating all the facts and interviewing the witness an attorney cannot give you advice on if you should go to trial or accept the offer. 

If the case against you is not a strong one it may be best to proceed to trial. The closer to trial on a weak case the better the offer.

Mark Smith · Answer

You answered your own question - you must testify and tell the jury-court   that you were defending yourself. 

Your must demonstrate like force with like force. You cannot club your opponent with a baseball bat and claim self-defense.

Jared Altman · Answer

You may have to testify.

Dennis P. Mikko · Answer

You would have to present evidence at trial to show that you were acting in self defense.  Other witnesses of the event would be very helpful if they can truthfully testify that you were attacked and only defending yourself.

Dennis Roberts · Answer

You'd better have some good witnesses as I doubt the cop will back you once he  made the decision to arrest you.

Francis Cowhig · Answer

If you can prove you were defending yourself through video, witnesses, etc., you should prevail at trial.  However, this is a question that you should be asking your attorney, if you have one, and if you don't then you should hire one immediately.

Michael Palumbo · Answer

That's it assert the affirmative defense of self defense. Oh, and if you want to do it right hire a lawyer.

Jared Winter · Answer

You go to trial.

John Toivonen · Answer

You had better hire an attorney right away. With this short time frame you should ask for the trial to be delayed as your attorney will need to investigate the case, and interview witnesses. 

Self defense can be a complete defense to a battery charge. What this means is that if you were attacked, and you used necessary force to protect yourself then you should be found not guilty.

Michael Clinton · Answer

Get an attorney and plead self defense.  You will have to prove this  according to procedures and factors found in Washington Case law doubt  you can do this yourself.

Mark R. Thiessen · Answer

Self defense is a great defense to assault.  But you are going to need a skilled trial attorney to sell it.  Do you research and find a lawyer who goes to trial often.

Gregory Casale · Answer

Self-defense is a valid defense to Assault & Battery. You now have to convince the judge or jury that you were not the aggressor, but that you were in fact defending yourself from the actual aggressor. Witnesses and defensive injuries are your best bet.

Michael J. Breczinski · Answer

Were there other people who saw waht happened? If so subpoena them in.  If not you a going to have to testify at the trial.  You need a good lawyer.

Jason Savela · Answer

You need to let the DA and court know that you intend to plead self defense.  You should have an attorney to do this correctly.  You must give prior notice of the intent to use the defense of self defense.

Terry Nelson · Answer

How can I beat?   By winning the trial, with sufficient evidence to convince a judge or jury you are not guilty.  You have to tell me what that credible, admissible evidence and testimony is, I don't get to make it up.  When charged with any crime, the proper questions are, can any evidence obtained be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial.  If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through plea bargain, or take it to trial if appropriate.

Jeffrey Pollock · Answer

You have your attorney persuasively argue your self-defense and subpoena   character witnesses that you are not known in the community to be a   fighter/instigator.

Steven Alpers · Answer

You have to win at trial by proving you were attacked first.  Does the alleged victim have a criminal record for violence?  If so that could be used to prove self-defense.

Gary Russell · Answer

Self defense is an affirmative defense and the burden lies on the defendant to prove to the jury that it is self defense.  You cannot just claim self defense, you must prove your case.

Stephen Freeborn · Answer

Not knowing anything about your case, I cannot begin to advise you.  It's like asking:  "I am going to need surgery, but I am going to do it myself. How do I do it?"  Either way you look at it, not a wise decision, as the judge will hold you to the same standards as a licensed attorney, and if you loose your case and are convicted, you cannot appeal the decision because you did not have proper counsel.              Do you know how to prepare jury instructions?              Do you know how to admit documents into evidence?              Do you know how to properly question and cross examine witnesses?              Since you are representing yourself, do you know how to do so without incriminating yourself?              Do you know what "hearsay" is?   Do you know how to get around it?              Do you know how to properly object to testimony or evidence being presented by the other side?  These are just a few of the many, many questions I would have for you.  I would not give you much of a chance of success if you do this yourself.  It is extremely foolish.  Assault is, at minimum, a gross misdemeanor, punishable by up to 1 year in jail and a $5,000.00 fine.  Sounds like the prosecutor may be offering you a good deal.  Think about it.

Russell Pietryga · Answer

You have not provided enough facts to answer this with any degree of accuracy.  That said, you want a jury trial, bench trials are just slow guilty pleas. And, you really are going to need an attorney to argue, what is commonly known as self defense.  If you cannot afford one, request one from the court.  Simply, there is just to many unknowns in your question to really give you a solid answer.  Hope this helps though.

Jennifer Leigh Gottschalk · Answer

I would recommend that you consult with a criminal lawyer, and probably hire one (or ask for a public defender) since you face jail if you are convicted.

Steven D. Dunnings · Answer

A lawyer (individual) who represents himself, has a fool for a client.

Gary Moore · Answer

You can best defend yourself by hiring an attorney. Once you are sitting in jail, it will be a bit late to hire an attorney, except to file an appeal, which is a much larger expenses than defending oneself in municipal court.

John Patrick Yetter · Answer

You must file the paperwork to present the affirmative defense of Self Defense at trial.

Jeff Yeh · Answer

You'll need to hire an experienced criminal defense attorney. Battery cases are hard to prosecute, because they often involve a lot of he said she said. But without a good criminal defense attorney you are just a sitting duck for the prosecutor.

Michael Morgan · Answer

Self-defense is an affirmative defense (which requires you to assert the defense and prove by a preponderance of the evidence) and requires the force to be used to be reasonable.

Brian Wanerman · Answer

Self-defense is an affirmative defense.  That means that you will have to prove (1) that a reasonable person in the same circumstances would have believed that the use of force was necessary to protect him from death or injury, (2) that you reasonably believed this, and (3) that the amount of force you used was reasonable to project you from possible death or injury.  You should consult an attorney right away to protect your rights.

Joseph Dane · Answer

Asking whether to take this deal online when we know absolutely nothing of the facts or how strong the case is?  It's sort of like posting on a medical forum: "I have chest pain - is it a heart attack or indigestion?"    There's no way anybody can give you an answer.  You need to direct this question to your lawyer -the one that has reviewed the case and can assess it in light of all the evidence.  If you don't have an attorney - get one.

Nathaniel Shafer · Answer

You are allowed to use reasonable force to defend yourself against bodily harm. Hire a talented attorney and your chances of an acquittal increase.

Timothy Byrne · Answer

Clearly articulate you were attacked and defended yourself. You ceased fighting when it was obvious you no longer were in peril.

Robert De Groot · Answer

Self defense is a defense to battery. Go to trial, but make sure you have a seasoned attorney.

Thomas Edward Gates · Answer

I do not have sufficient information to answer your question completely.  If you are currently being represented by an attorney, I am unable to answer your question.  Without the Discovery material, one cannot know the facts of the case and the position of the prosecutor.  The law is very clear that, however, while you may not have started the fight, did you have the opportunity to leave the scene? Are there witnesses? Etc.

Stuart Nachbar · Answer

A.  You retain counsel B.  You prove that you were acting in self defense and did not exert more force than was required. C.    You ask for PTI.

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How can I beat a battery case if I was defending myself.

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