Available defenses in battery cases vary depending on the circumstances and facts, and every Criminal defense in Oklahoma is different. However, under the assumption that certain elements exist, these are the most common defenses to charges of assault and battery.
This is the most frequently used defense in these cases. To establish self-defense, the accused person must demonstrate:
- The threat of unlawful harm or force
- That they did not provoke or harm the other person
- No reasonable chance of escape or retreat
The self-defense doctrine has limitations along with those described above. The force used to defend oneself must be reasonable and proportional to the threat involved. Even if the above elements are satisfied, a person defending themselves may still be guilty of a crime if the victim was significantly older or smaller.
This is similar to self-defense, with the difference being that the actor must have …