A defense available to those charged with battery (also called "touch or strike battery") is the defense of consent. An essential element of battery involves an intentional and unwanted touch or strike.
If the alleged victim agrees to enter into or invites a fight, then it can be argued that the victim consented to the touching, this is known as a "mutual combat" situation. For instance, aggressive comments like "come on let's go" or "I'll kick your butt" can be used to convince the jury that the alleged victim actually invited the touching.
Also, physical actions by the alleged victim such as initially walking towards the defendant yelling, or threatening a fight with clenched fists, can also be used to prove that the victim actually consented to fight.
The attorneys at Soler & Simon have prosecuted and defended hundreds of people accused of battery. If you would like to have them review your case to determine your best course of action, call (941) 444-5128.