Sheila Moheb
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Moheb Legal Defense, PLLC

Protecting your Constitutional rights and civil liberties with effective and diligent legal representation.

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Free Consultation
Moheb Legal Defense, PLLC
Protecting your Constitutional rights and civil liberties
with effective and diligent legal representation.
~|search~|font-awesome~|solid
~|icon_pin~|elegant-themes~|solid
Free Consultation

COVID-19 NOTIFICATION: To protect your safety in response to the threat of COVID-19, our staff is tele-commuting, but is still available to serve you during our normal office hours. We are offering our clients and potential clients the option to connect with us through telephone, email and video-conferencing. Please call or email us to discuss your options.

Affirmative defenses can work for assault and battery cases

Assault and battery are both crimes that could get you into deep trouble with the law. Fortunately, there are good defenses if you are accused of them. It’s possible to win a case with an affirmative defense, which is what you can learn about in this post today.

An affirmative defense means that you accept and admit to performing whatever action you’ve been accused of. For instance, if you’re accused of hitting a woman at a bar, you could say, “yes, I did do that, but I did it because…” The “because” is what matters. If you were defending yourself or others, then you may be able to show that the violence you used was necessary in the situation. If you were defending your property, like an animal or your vehicle, that could also be a good defense for using violence against another person depending on the situation. Usually, it’s only okay to use reasonable force in a situation, so if there is no physical threat, you shouldn’t react with physical force.

Consent is another affirmative defense you might use in some circumstances. For example, if you’re in a sexual relationship with someone who enjoys being hit, that person shouldn’t accuse you of violence if you were only doing what he or she asked. The act can’t exceed the permission given, though. So, for example, if you’re asked to slap someone, hitting him or her with a closed fist would be unacceptable.

Our website has more information on affirmative defenses and what you may need to do to protect yourself if you are accused of assault and battery.