In part one of our two-part series, we discussed the difference between assault and battery and the possible defenses someone could use to fight a charge against them. In this section, we’ll continue our list of defenses and determine whether a victim can request to have a battery charge dropped against a defendant.
Defense of Others
Similar to self-defense, if you got involved in an altercation in an effort to protect someone, a skilled attorney can look at the specifics of the case to determine if you had reasonable grounds to defend the victim.
Stand Your Ground
Florida “Stand Your Ground Law” justifies a person’s use of force to protect and defend themselves as well as others against threats or physical acts of violence. The key element in stand your ground is the person’s right to use force without retreating whereas in states that don’t have the law, a person is required to retreat before attempting to defend themselves.
They say you’re guilty of the crime, but you contend that you’re innocent. It’s an unfortunate reality that sometimes the innocent are convicted of a crime they never committed. This is why representation by an expert battery lawyer in Tampa is vital. A skilled attorney knows how to poke holes in the alleged victim’s story if witness statements or evidence doesn’t support their account of the incident.
Can a Victim Drop the Charges?
The victim of an alleged act of violence may decide that they don’t want to press charges. A common scenario where this happens is in domestic violence cases. If domestic violence occurs between two spouses and the police get involved, the victim of the alleged act should know that crimes are governed by the state. This means that regardless of whether the victim presses charges or requests that the charges be dropped, the state ultimately has the power to drop the charges or to prosecute. If a victim recants statements made to law enforcement, they could potentially face serious consequences.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.