Legal Lessons: Assault and Battery Explained
Assault is confused by many people as an actual attack; however, assault occurs at leading instance of the threat of combat. If the assaulter has the ability to grasp through with your threat, then the threat in itself may be sufficient grounds for an electric power charge of assault. Likewise, if the assaulter attempts to strike another person but fails, he or she may still be found guilty of assault, especially if the attempt to injure involved the involving a deadly weapon such as a firearm. One of the most extremely common forms of assault is aggravated assault, in which an act of violence occurs during an attempt to commit another crime, pertaining to instance robbery.
Battery is since the purposeful act of striking someone with the intent to cause running injury. A person accused of battery does not have to have caused significant injury in order to be charged with the crime; however, there must be evidence that the intent to cause harm was present. Damage caused by negligent behavior cannot be the basis of an battery charge. For example, someone who strikes another person with a speeding car cannot be charged with battery.
Obviously, when 2 charges are combined, the penalty will be harsher. In addition, victims of assault and/or battery should pursue a civil action against the responsible party, seeking compensation for losses or expenses incurred by his or her injury.
If you are accused of assault and battery, experienced criminal defense lawyers can help. Individuals facing felony or misdemeanor charges should seek legal representation as soon as feasible.