If you’ve been charged with assault or battery, you’re undoubtedly concerned about your upcoming trial, possible conviction and future livelihood. In the days ahead, it is absolutely critical that you consult with a criminal defense attorney who can help you navigate the complex legal system and create a strong defense strategy on your behalf.
Whether the charge brought against you is due to a misunderstanding, exaggeration or you were simply protecting yourself from the original aggressor, your attorney will make certain these facts are brought to light. An attorney will strive to ensure that you are afforded a fair and just trial. If you are convicted of misdemeanor or felony assault or battery, your attorney will advocate for a fair sentence as well as any rehabilitative resources you may need.
Differences between Assault and Battery
An assault occurs when one person places another person in fear or apprehension of imminent bodily injury. This can take place in the form of menacing threats, throwing a punch (but not actually hitting the intended target) or brandishing a weapon. Battery occurs when a person actually causes bodily injury to another person through the use of force, violence or a deadly weapon.
There are two classifications of battery: simple and aggravated. Simple battery occurs when an individual touches or strikes another person against their will. This crime is usually classified as a misdemeanor and carries a maximum jail sentence of less than one year.
Aggravated battery, on the other hand, is often categorized as a felony and carries a much more severe potential penalty. This type of crime involves the use of a deadly weapon to commit the battery or when great bodily harm was intentionally caused.
Defenses to Assault and Battery
The law recognizes several defenses to the crime of assault and battery, the most well-known being self-defense. As you discuss the facts of your case with your defense attorney, it is vital to include all facts of the incident which may have given rise to your need to defend yourself. The person accusing you of this crime may be lying or exaggerating. You may have been accused of a crime that another person committed due to mistaken identity. Your attorney may argue on your behalf that the alleged victim was the actual aggressor and you were lawfully protecting yourself from bodily injury. Another defense, known as defense of others, may be applicable if you were protecting a third person from the threat or imposition of bodily injury. Defense of property is applicable so long as the facts reveal you used reasonable force to recover your stolen property. The law generally condones use of deadly force to recover stolen property. Lastly, if the facts suggest you and your accuser were engaged in some sort of consensual activity, such as boxing or an athletic event, your criminal defense attorney may be able to argue the defense of consent.
Contact an Experienced Criminal Defense Attorney Today
The crimes of assault and battery carry potential felony convictions and lengthy jail sentences. If you are in need of a vigorous legal defense, contact our criminal defense law firm firm today for a consultation.
If you have recently been arrested for assault or battery, contact Maroni Law as soon as possible so that we can begin preparing your defense and fighting for you.