Assault and Battery are actually two separate crimes often paired together in the US.
Assault is considered to be one person causing another to be apprehensive of harmful or offensive contact from that person. Essentially, what this means is that if one person is threatened with bodily harm, and the threatening individual obviously has the ability to carry out the threat. Assault does not involve physical contact, which is one of the main features which distinguishes it from battery.
Battery is considered to be the use of force by one person or multiple peoples against another which culminates in harmful physical, offensive, or sexual contact. Battery can be classified as a misdemeanor or a felony, depending on the severity of the incident and the circumstance of the incident. Since “offensive” contact can also constitute battery, there is a great deal of room for accusations to fly and intentions to be misinterpreted.
Assault and Battery is a crime greatly misunderstood by the general public, since most consider the two to be synonymous terms. There are, however, clear distinctions and rules which govern situations of alleged assault, battery, and a combination of the two.
The FBI reported in California in 2012 that there were 94,702 reported incidents of these kinds.
Choosing the Right Criminal Defense Attorney for Assault and Battery
Any good lawyer will want to get the facts straight themselves; thus, an attorney handling an assault and battery case for a client will often launch their own investigation. What led to the assault/battery? Was the assailant working in an official capacity at the time of the assault/battery? Where did the assault/battery take place, and could the situation have been avoided through action by the establishment it took place in? If the assault and battery was perpetrated by a security guard, was the security guard properly trained? Did he/she use an unreasonable amount of force?
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Regardless of the nature of the criminal charges brought against you, having an experienced attorney on your side is always the wisest course of action. A thorough knowledge of the law and an understanding of the legal precedents set for the charges brought against you is incredibly valuable, and could be the difference between having the charges dropped and a fine, a fine and jail time, or jail time and a life sentence. Get in touch right away by calling us at (800) 862-7677 or emailing us at firstname.lastname@example.org.