Common Defenses Against Assault and Battery Charges

An assault or battery charge threatens your future. A conviction can follow you for years, showing up on background checks, limiting job opportunities, straining relationships, and putting your freedom at risk. Right now, you have a choice: let the system define your story, or take action to protect yourself. This is the time to minimize the damage and find the best path forward for your future and your freedoms.

At Palacio Law, PLLC, we defend clients in Virginia. As a former public defender, attorney Edwin Palacio knows the courtroom, knows the tactics prosecutors use, and knows how to fight back. Here are some of the most common defenses that could apply to your case.

Understanding Assault and Battery

In Virginia, assault generally means putting someone in fear of immediate harm, while battery is unwanted or harmful physical contact. Even a minor incident can bring serious consequences, and every case demands a strategy tailored to the facts.

Self-Defense

You have the right to protect yourself if you reasonably believe you’re in immediate danger. A valid self-defense claim must show:

• An immediate threat of harm.
• Proportional force—you didn’t go further than necessary.
• No provocation—you didn’t start the fight.

If you acted to protect yourself, this defense can make all the difference.

Defense of Others

Just as you can defend yourself, you can also defend someone else. If you reasonably believed another person was about to be harmed, and your actions were necessary and proportionate, this may be a strong defense in Virginia.

Consent

Not all physical contact is criminal. If the other person agreed to the contact—whether in sports, sparring, or another voluntary situation—that consent may serve as a defense.

Mistaken Identity

It’s not uncommon for police or witnesses to accuse the wrong person. If you were misidentified, we can gather witness testimony, video footage, or other evidence to prove you weren’t the one involved.

Lack of Intent

Intent matters. Many assault and battery charges require proof that you meant to cause harm. If the contact was accidental or not intended to injure, that can weaken the prosecution’s case.

Why Local Assault Defense Experience Matters

Every courtroom has its own rhythm, and Virginia courts often handle cases differently. Knowing those local nuances is critical. At Palacio Law, PLLC, you’ll work directly with Edwin Palacio—the founder of the firm and a seasoned trial lawyer who’s defended hundreds of clients in tough situations. Your case won’t get passed down the line.

Take Action Now: Contact a Virginia Assault Lawyer Who Will Fight for You

Your future, your freedom, and your record are on the line. Don’t wait to see what happens—waiting only helps the prosecution. At Palacio Law, PLLC, we’ll fight for your rights and explore every defense available to you.

‍Call us today to schedule a confidential consultation with an assault lawyer serving Virginia. Now is the time to protect your future.