In criminal law, assault and battery is a combination of two crimes that generally occur together.
The victim of these crimes 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.
The penalties for these charges depend on whether you are charged with simple assault or battery or if you are charged with aggravated assault 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 or if it is determined that the defendant had an intent to kill, the judge has the discretion to lend a harsher penalty and sentence. A judge can also impose a harsher penalty if there is another aggravating factor present, such as a specific identifying aspect of the victim. For ways to defend yourself against such charges, see also our article assault and battery defenses. The consequences for a criminal conviction are:
You may be forced to pay for the victim's:
Likelihood of any of the above consequences depends on the following factors:
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:
If you are accused of an Assault and/or Battery or both, 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 this type of crime, 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 crime against you. You may also be eligible for compensation as a victim of assault and battery.
Last Modified: 10-10-2017 10:33 PM PDTLaw Library Disclaimer
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