What is a defense for simple battery?

My teen’s bicycle was stolen from our home. We made a report. The, 2 days later, we spotted the bike o an apartment complex lawn. I got out to confirm to question if it was ours. The 2, now charged thieves, approached and threatened me as I tried to take the bike. After several minutes of their nonsense, I rolled the bike to put into my truck. I was on phone with cops the whole time. One thief claimed I scratched her leg so I was charged with simple battery. Can I look at intent and property rights as defense?

Asked on February 2, 2016 under Criminal Law, Kansas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can assert the following defenses: self defense and/ or defense of property.  You used reasonable non-deadly force to recover the stolen bicycle if the thief's leg was scratched.  These are both valid defenses given the facts resulting in the charge of battery.


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