Attack, assault and battery, and aggravated assault are all offenses in which someone intentionally harms another person. Assault, battery, or both can be easily described as any case which involves a physical attack (or even the possibility of an attack). These actions will escalate to the level of aggravated assault depending on the severity of the attack (or the danger of the weapon used). Assault can include upwards of one-sided attacks. Although when two parties have mutually decided to fight, fighting will result in an assault charge.
What Are Assault and Battery?
Battery and attack were once thought to be different offenses, with battery requiring the aggressor to hit or touch the victim offensively. A battery was a “completed” attack in this sense. As shown by the fact that perhaps the term “assault and battery” has become as familiar as “salt and pepper,” many contemporary laws make no distinction between different offenses. Assaults are often used in statutes these days to refer to acts of real physical abuse.
How the Defendant is Charged
The seriousness of the injuries, the situation surrounding the offense, but whether the defendant has a prior criminal record all influence how a defendant falls into that accusation. There is a distinction between simple assault and sexual assault in some jurisdictions. Whenever a defendant uses a lethal weapon or assaults a specific victim, such as a child or perhaps an elderly person, assault charges can be filed. So, make sure you are aware of the latest legal update when it comes to assault charges.
Potential Defenses
An individual charged with assault may well have a variety of protections available to him or her in order to reduce or remove criminal liability. For instance, if the alleged victim has been the aggressor in a fight, the defendant could claim that he or she was acting in self-defense.
When one person is hostile against another, the other individual has the ability to use whatever force is required to combat the threat. In some cases, the suspected victim is the aggressor who tries to get his or her side of the story out first to escape criminal responsibility by pretending to be the victim.
Getting charged with such a crime can be incredibly stressful, especially because a criminal record can make potential goals more difficult to achieve. If you’ve been charged with battery or assault, having a good criminal defense attorney by your side is the best way to avoid facing serious consequences.
Well, the first thing you must do is calm down and start looking for a reputable criminal defense lawyer for yourself. The lawyer will help you in defending against assault and battery charges, so you must take hiring very seriously. So, make sure you do proper research and put extra effort while finding your lawyer.
If you are looking for the best criminal defense lawyer, you must compare a dozen of them before hiring the best one.
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