Affordable Assault And Battery Lawyer

Criminal Battery

A prosecutor can decide to file a charge of battery instead of assault if you, in the example above, go beyond threats and make physical contact with another person. If you initiate a violent act even if it involves only incidental touching while intending to cause harm to another person, that can be enough for a charge of criminal battery.

Enhanced Charges

Many states empower prosecutors to add charges that bring added sentencing penalties. These enhanced charges result in aggravated assault or aggravated battery, for instance when there are circumstances where an assault or a battery has what the law terms elements of aggravated circumstances. For example, if you use verbal threats and make physical acts implying threats against a person and you are armed with a deadly weapon, that can create greater fear of harm. Your possession of a weapon can warrant an enhanced charge of aggravated assault. If you use a weapon in the commission of a felony, like a robbery, even without physically touching another person, that also can qualify for an enhanced charge of aggravated assault and carry a longer sentence or larger fine if convicted.

Defense for Assault and Battery

In these examples, the law requires your intent to create fear of imminent harm for there to be a crime. Another element of these crimes is that a victim's fear of imminent harm is reasonable. An old man can get into an argument with a young bodybuilder and threaten to beat the young bodybuilder up. A prosecutor would likely decide that both elements for a crime of assault are missing. The old man is not capable of causing harm and the young bodybuilder does not fear imminent harm from the old guy. No charges would be brought.

Your defense attorney expects a charge of criminal assault to come from a perspective that tries to prove your intent to cause harm overcomes the high bar of any reasonable doubt about your intent. Your defense attorney will consult with you and explain why the verdict hinges on the jury's judgment that both elements of the crime of assault have been proven. It must be proven beyond any doubt that a victim's fear of imminent harm was reasonable, and you intended to cause fear of injury. The details of the incident are important, and the issue of whether you believed you were acting in self-defense could be discussed. That is why experienced legal representation is important to prepare for charges involving assault and battery.

Assault and Battery by Juveniles

Over 2 million juveniles are arrested each year. Most of them are cleared through the juvenile justice system. It is surprising for most of us to learn that children (under age 18) charged with assault and battery are the most common reason juveniles enter the justice system. Parents with children facing these charges worry about how best to protect them. The place a parent should start first is with a local attorney who specializes in defending juvenile crimes including assault and battery.

Juveniles tried in the juvenile court system are housed when needed in a juveniles-only facility. Based on the details involved in a juvenile crime incident, charges can vary between a misdemeanor and felony, just as in adult courts. If a crime is serious enough, juveniles will be tried as an adult, and face adult sentencing in adult prisons. While adults receive sentences as punishment, juvenile sentences are designed to rehabilitate. After juvenile sentences are served every state has procedures for a juvenile offender to ask for their record to be sealed or expunged, after a period of crime-free time.

Assault and Battery Lawsuits

Assault and battery can result in damages to a victim. Notice that most damage claims in civil lawsuits are filed claiming negligence and unintentional harm. A monetary claim of damages from an assault and battery incident is different. It is in a category called an intentional tort. Just as in the case of a criminal assault and battery, intent must be proven in a civil lawsuit. The benefit for a victim who brings a lawsuit for damages is that she may be entitled to an added punitive award in addition to damages. Without proof of intent, however, the victim's claim would be downgraded to negligence, and presumably, the award would similarly be reduced. If you are the victim of an assault and battery incident, your experienced attorney can look for ways to claim the punitive award that comes from proof of intent. Conversely, if you are being sued for assault and battery by the victim, your attorney can focus your strategy on disproving intent to cause harm by you, so you can avoid a punitive damages award. In all cases involving assault and battery, whether it be criminal or civil, the value of an experienced attorney cannot be overstated.

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