What You Need to Know about Facing Assault and Battery Charges

What You Need to Know about Facing Assault and Battery Charges

Assault and battery are serious charges that can have life-altering consequences for anyone accused and found guilty. Although authorities usually charge assault and battery together, they have different meanings. 

By being aware of the differences between these terms, you can better defend your legal rights. When you understand the terms, you will see the need to seek legal counsel and avoid conviction.

Defining Assault

Battery and assault are defined separately; assault is usually the lesser of the two offenses. It includes expressing the intention of harming someone physically or verbally. When the charged assault is a verbal threat, there must be evidence of the physical ability to carry out the threat. 

The victim must also demonstrate a justifiable fear of being harmed due to the danger. It must be an imminent threat. Physical contact does not have to have occurred to charge or convict for an assault. The threat itself is the crime.

Also, the harm need not be related to a possible fatality or injury. As long as it involves unwanted and offensive contact, such as throwing an object of any size or form at the victim, it is considered assault. For instance, even though there was no physical contact with the victim, spitting on someone or tossing something in their direction can still result in an assault charge, even if the object misses the intended recipient.

Defining Battery

To establish battery, the defendant must make intended harmful or offensive contact with the victim. It simply means that there is an action that goes along with the threat. Therefore, if a defendant tries to strikes someone but doesn’t make contact, it is  assault, not battery. Sexual abuse and domestic violence can fall under battery.

How Are Defendants Charged? 

Before charging a defendant with assault and battery, enforcement officers consider several factors. Some of them include the circumstances surrounding the crime, the seriousness of the injuries, and whether the defendant has a previous criminal history. You need to know that there could be simple assault and aggravated assault. 

Simple assault involves when someone intentionally or carelessly causes or attempts minimal injury on another person. Aggravated assault occurs when a defendant uses a lethal weapon or attacks to inflict pain on a person. Those facing charges for battery often also face assault charges.

Potential Defenses

There are a variety of defenses that an accused person can use to reduce or even wholly disprove their guilt. One of them is to claim you were acting in self-defense, especially if the alleged victim started the altercation. Such a claim may be just because you had to defend yourself using the necessary force.

Seek Legal Assistance and Avoid Temptations

When a defendant is facing criminal charges, it’s crucial to pay close attention to details. Their reputation, freedom, finances, and other aspects of their life can be seriously affected. Being found guilty of a severe crime like assault or battery is not something you want. 

So, when someone threatens you or your loved one with violence, do not wait for the situation to worsen. Instead, contact the authorities. Avoid the temptation of responding. Leave the environment. 

It is good to seek justice, but you should avoid dangerous situations at all costs. However, if you eventually make a move for which you are getting threats of assault charges, contact a competent lawyer.