How Can You Defend Against Assault and Battery Charges?

Facing assault and battery charges in New Hampshire can disrupt a person’s life in serious ways. The stakes are high, and the possible outcomes may affect not just immediate freedom but also future opportunities. 

Because these cases carry lasting consequences, individuals often rely on criminal defense strategies that address both the legal issues and the personal circumstances involved. 

Wiberg Law Office, PLLC, provides criminal defense representation to individuals in Portsmouth, New Hampshire, and the surrounding areas of Rockingham County, Strafford County, Hillsborough, Dover, and Manchester. The attorneys handle cases involving assault and battery, DUI/DWI, drug charges, domestic violence, gun offenses, and other serious matters. 

By focusing on protecting the rights of those accused, Wiberg builds strong defenses that address both the immediate charges and the long-term impact they may carry. Contact the firm today to learn more about how an experienced criminal defense attorney can help you.

Assault and Battery Charges in New Hampshire

Before considering potential defenses, it’s important to understand how the law treats assault and battery in New Hampshire. Wiberg Law Office, PLLC, notes that state law outlines different levels of assault, ranging from simple assault to aggravated assault. 

These charges may be classified as misdemeanors or felonies depending on the severity of the alleged conduct, the presence of weapons, or the extent of injuries involved. Battery isn’t listed separately under New Hampshire statutes, but is generally considered part of assault-related conduct. 

Prosecutors may pursue charges based on actions that cause or attempt to cause physical harm, or on threats that place another person in fear of harm. Because the legal definitions can be broad, individuals accused of assault often need a criminal defense that carefully examines both the statute and the facts of the case.

Why Intent Matters

Intent often plays a central role in assault cases. Prosecutors typically need to show that the defendant acted knowingly, purposely, or recklessly. A strong defense may challenge whether the accused had the required intent.

For example, if the contact was accidental or occurred during a situation without aggressive intent, the prosecution’s case may weaken. By focusing on the mental state of the accused, a criminal defense attorney can argue that the legal threshold for assault wasn’t met.

This approach not only addresses the charges directly but also emphasizes the human element—whether the defendant’s behavior truly reflects criminal conduct.

Common Defenses Against Assault and Battery Charges

Defending against these charges often involves demonstrating that the actions were lawful or excusable under the circumstances. Several recognized defenses can apply, depending on the facts.

Some of the most common defenses include:

• Self-defense: Arguing that the accused acted to protect themselves from imminent harm.

• Defense of others: Claiming the accused used reasonable force to protect another person.

• Lack of intent: Showing that the accused did not intend to cause harm.

• Consent: Demonstrating that the other party consented to the conduct, such as in sports or agreed to physical activities.

• False accusation: Challenging the credibility of the accuser or highlighting motives to fabricate.

These defenses often require detailed evidence, and they must be presented clearly in court. A criminal defense attorney will typically review police reports, witness statements, and any available video evidence to build support for these arguments.

The Importance of Evidence

Evidence is at the heart of any assault case. Prosecutors rely on witness testimony, medical records, photographs, and law enforcement reports to build their case. For the defense, questioning the accuracy and reliability of this evidence can be decisive.

For instance, eyewitness accounts can be inconsistent. Stress, poor lighting, or biased perspectives may affect what a witness claims to have seen. Similarly, medical evidence may not always align with the accuser’s version of events.

An effective criminal defense often involves highlighting inconsistencies, presenting alternative explanations, and introducing evidence that supports the defendant’s version of events. By scrutinizing every piece of evidence, the defense can expose weaknesses in the prosecution’s case.

Self-Defense as a Central Strategy

Among the various defenses, self-defense is one of the most frequently raised in assault cases. New Hampshire law allows individuals to use reasonable force to protect themselves if they believe they’re in imminent danger.

However, self-defense claims aren’t unlimited. The force used must be proportionate to the threat faced. If the prosecution argues that the accused used excessive force, the defense must demonstrate that the response was reasonable under the circumstances.

This often requires careful analysis of the sequence of events, available surveillance footage, and testimony from both sides. Presenting self-defense as a credible and lawful reaction can shift the case significantly in favor of the accused.

Defending Others and Protecting Property

In addition to protecting oneself, New Hampshire law permits individuals to defend others and, in some cases, their property. If someone intervenes to stop an attack on another person, the defense may argue that their actions were justified.

Similarly, when protecting property from theft or unlawful intrusion, individuals may be permitted to use limited force. As with self-defense, the key issue is whether the response was proportional and reasonable.

These defenses require a clear narrative that shows the accused was acting with protective intent rather than aggression. A criminal defense strategy built around defending others or property must carefully analyze context, threats, and the proportionality of actions.

Consent and Mutual Combat Situations

Consent can play a role in defending against certain assault allegations. In situations such as contact sports, physical contact is expected and generally accepted. When both parties agree to physical interaction, it can be argued that the conduct was not unlawful.

There are also cases where two individuals voluntarily engage in a fight. While New Hampshire law may still classify such actions as assault, the defense may argue that the mutual agreement reduces the criminality of the conduct. 

Although these arguments don’t eliminate liability in every case, they can reduce the severity of charges or impact sentencing decisions.

Challenging Witness Testimony

Witness testimony often plays a large role in assault prosecutions. However, witnesses may not always provide reliable accounts. Stress, bias, or limited perspectives can shape what people believe they saw.

A defense attorney may challenge witness credibility by comparing statements given at different times, highlighting contradictions, or pointing out personal motives that may affect testimony.

In some cases, cross-examination may reveal that the witness can’t recall details with certainty. By questioning the reliability of testimony, a criminal defense strategy can reduce the prosecution’s ability to prove guilt beyond a reasonable doubt.

False Allegations and Motives

Unfortunately, assault charges sometimes stem from false accusations. Disputes between family members, neighbors, or coworkers may escalate into claims that aren’t supported by evidence. In these situations, understanding the motives behind the accusation is essential.

For example, ongoing personal conflicts, divorce proceedings, or child custody disputes may create incentives for one party to make allegations against another. By uncovering these motives, the defense can cast doubt on the credibility of the accuser.

False allegation defenses often rely on detailed investigation and may require presenting alternative evidence, such as text messages, emails, or witness accounts that contradict the claim.

The Impact of Prior Convictions

Prosecutors may attempt to use a defendant’s past criminal record to strengthen their case. Prior assault convictions, for example, could be introduced to suggest a pattern of behavior.

Defense attorneys often seek to limit the use of prior convictions in court. Arguing that past incidents are unrelated to the current charge can help prevent unfair prejudice. Courts must balance the probative value of such evidence with its potential to influence the jury unfairly.

When prior convictions are excluded or limited, the focus remains on the facts of the current case, which benefits the defense.

Building a Strong Defense Strategy

Every assault case is different, which means defense strategies must be tailored to the facts at hand. Successful approaches often include a mix of legal arguments, evidentiary challenges, and narrative building.

Some essential steps in preparing a defense include:

• Reviewing police reports for errors or omissions.

• Interviewing witnesses to compare their accounts.

• Collecting surveillance or cell phone video evidence.

• Consulting medical professionals regarding injuries.

• Filing motions to suppress unlawfully obtained evidence.

By systematically addressing each aspect of the case, the defense can present a comprehensive argument that supports the accused. The goal isn’t only to respond to the prosecution but also to build a persuasive alternative story for the jury or judge.

Why Local Knowledge Matters

Assault and battery cases in New Hampshire are prosecuted under state law, but local practices can influence outcomes. Courts in Portsmouth and surrounding areas may have particular expectations for how cases are presented, how evidence is introduced, and how plea agreements are structured.

Attorneys who work regularly in these courts understand these local dynamics. This knowledge allows them to anticipate how prosecutors approach certain charges and what strategies resonate with judges.

For defendants, choosing representation with local experience can provide an advantage, especially when the stakes include both freedom and reputation.

Protecting Your Future

An assault conviction can carry lasting effects beyond fines and jail time. A criminal record may limit employment opportunities, restrict housing options, and create social stigma. For non-citizens, convictions may also affect immigration status.

Because the consequences extend well into the future, individuals charged with assault must take their defense seriously. Building a strong criminal defense helps protect not just the immediate outcome but also long-term personal and professional opportunities.

Contact Wiberg Law Office, PLLC Today

Wiberg Law Office, PLLC understands how to build a strong criminal defense when individuals are facing assault and battery charges. The firm represents clients across Rockingham County, Strafford County, and Hillsborough County, as well as Portsmouth, New Hampshire, and surrounding communities. 

For those facing criminal charges and seeking trusted representation, reach out to the team at Wiberg Law Office, PLLC today.