Being charged with assault or battery is a very serious offense. These two charges could possibly ruin your life. They are separate charges but the distinction is occasionally blurred. If you have been charged with either assault or battery you could be facing serious consequences if convicted.
If you or someone you know is facing an assault or battery charge, it would be best to seek professional help as soon as possible. Call an attorney in your area today!
What is Assault?
Assault is a threat that intentionally causes fear of harm. The aggressor must intend to carry out the threat with actual physical harm and bodily damage. The aggressor may be charged with assault even if no physical contact or harm occurs. Examples of assault would be:
- Pointing a gun at someone
- Threatening an individual with a knife
- Attempting to throw a punch at someone
What is Battery?
Battery is typically a more serious crime than assault. An example of battery would be putting your hands on someone without their consent. Once you have put your hands on someone, you can be charged with battery. Three common examples of when battery charges most often occur are:
- After a verbal dispute
- When relationships end
- When custody battles are in place
Difference between Battery and Assault
Assault is a threat and the charge does not require physical contact, but it does require intent. The aggressor must intend to carry out the threat even if he or she does not. Battery is intentionally touching or harming someone without their consent, even if there was no ill intent. An assault charge is typically not as serious as battery.They are also separate and distinct charges. When someone is charged with assault, they may not be charged with battery. However, in some areas there may not be a distinction between the two. It is best to ask your attorney what the definition is in your area.
When the Two Charges Are Combined
It is possible for an individual to be charged with both assault and battery.This happens more often than not because often times someone will make a threat and then carry it out. An example of this would be someone pointing a gun at a victim and then shooting them.Another example would be someone threatening to hit an individual and then following through with it. There is usually little distinction between the two because battery and assault charges are typically combined together in a lawsuit.
Get Legal Help
If you are battling with an assault or battery charge it would be wise to get expert advice.Battery assault charges can carry prison sentences if you are convicted. You cannot afford to risk it. There are options, but you cannot waste any time. This is not an issue that should be taken lightly. For more information about your options, contact a criminal lawyer in your area and ask for advice, assistance, anda free case evaluation today.