Assault and Battery - Criminal Lawyers
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What Is Assault and Battery?
In criminal law, assault and battery is a combination of two crimes that generally occur together.
- Assault is an intentional act that causes a fear of imminent harmful or offensive touching. An assault can occur even if the contact never occurs. Since the act must be intentional, an accidental action won't amount to an assault.
- Battery is an intentional physical contact or offensive touching, where the victim has not given consent to be touched. The physical touching must be offensive to a reasonable person.
The victim of the assault and battery must also be placed in some kind of fear in which a reasonable person in the same circumstance would be in fear under the circumstances.
What to Do If You Are Accused of Assault and Battery
The penalties for assault and battery charges depend on whether you are charged with simple battery or aggravated battery. The penalty of assault and/or battery depends on the type of harm that was inflicted on the victim. If the victim’s harm resulted in serious injury, the judge has the discretion to lend a harsher penalty and sentence. The consequences for a criminal assault and battery conviction:
- It could be on your record for life (see the article clearing a criminal record)
- Parole or probation
- Anger management classes
- Significant fines
- Loss of the right to possess firearms
You Can Also be Held Civilly Liable to the Victim in a Private Lawsuit
You may be forced to pay for the victim's:
- Physical injuries
- Discomfort (pain and suffering)
- Direct out-of-pocket medical expenses
- Expenses incurred for hospital visits
- Prescription drugs
- Lost time from work
- Damages for emotional injuries
Likelihood of any of the above consequences depends on the following factors:
- The severity of the assault and battery
- Attitude of community and court toward this type of crime
- Mitigating/aggravating circumstances
- Prior convictions
- Whether or not a weapon is used
What Are Some Defenses to an Assault and Battery Charge?
Defendants charged with assault and battery can claim self-defense if the defendant was not the initial aggressor and was defending his or herself or another person from an alleged attack. The defendant must prove that he reasonably believed that he was under imminent attack and immediate action was necessary.
Since an element of assault and batter required the defendant’s act to be intentional, other possible defense include that the defendant’s action was not intentional and were accidental.
Other possible defenses include:
- Self defense
- Defense of others
- Factual innocence - it wasn't you
- Lack of intent, such as an accident
- Defense of property
- Lack of mental capacity
Contacting a Criminal Defense Lawyer
If you are accused of an Assault and Battery, you should speak to a criminal defense lawyer immediately to learn more about your rights, your defenses, and the complicated legal system.
If you are a victim of an Assault and Battery, you should call the police. If there is sufficient evidence, the police will then forward your case to the District Attorney's office to prosecute the person who committed the assault and battery against you. You may also be eligible for compensation as a victim of assault and battery.
Consult a Lawyer - Present Your Case Now!
Last Modified: 03-06-2015 07:08 AM PST
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