Assault and Battery Overview
Everyone's heard the terms "assault and battery" but what exactly do those words mean and what could happen if you're charged with assault and battery? While these words are most often put together, assault and battery are actually two separate offenses.
Definition of Assault and Battery
A battery is touching another person physically without that person's consent. That physical contact can be by an object or substance that another person has put in motion. For example, if you throw a stone at another person or spat at that person and it hits them, even though there may not be any injury, you could still be charged with battery. Assault is the threat to cause physical harm to another person, or put another person in such a position that they fear they are going to be harmed. Assault can be in words or in deeds. Battery, or physical touching, does not have to occur to be charged with assault.
What Could Happen if You Are Convicted of Assault and Battery?
If you are convicted of assault and battery that conviction could remain on your record throughout your life. In addition, you could be put in prison, put on probation, be required to take anger management classes, pay a large fine, and lose the right to own any firearms. If the assault and battery charge results from an altercation with a family member or domestic partner, you may also be charged with domestic violence and may face additional consequences if convicted. You could also be sued in a civil lawsuit by the victim for any injuries you caused them, as well as for pain and suffering, medical expenses, lost wages, and emotional pain and suffering.
The Sentence for Assault and Battery Can Vary
The severity of the punishment for being convicted of assault and battery can vary depending on a variety of factors. A judge may look at how severe the injuries were to the victim, the community attitude toward the crime, whether there were aggravating circumstances, whether you had any prior convictions for other crimes, and whether or not a weapon was used. Speaking with assault attorneys is the best strategy for achieving the most favorable result in your case.
Possible Defenses to Assault and Battery
There are legal defenses to an assault and battery charge. For example, if you were defending yourself or others this would be considered self-defense and/or defense of others and is recognized as a proper defense under the law. If you were and the other person voluntarily engaged in a fight against one another, like a brawl for example, it is unlikely that either of you would be able to sue the other person unless excessive or unreasonable force was used by you or the other person. Another defense in some states is the defense of property. For example, if you had to use a reasonable amount of force to stop someone from stealing your property, such as your car, there is a likelihood that you wouldn't be charged with assault and battery. However, these laws can vary from state to state, so know your local laws before engaging someone who is trying to steal your property. Storeowners have what is called merchant's privilege. This means that they have the power to use reasonable force to detain a shoplifter. The storeowner is required to call the police immediately and take custody of the shoplifter in order to use this defense against an assault and battery charge.
Conclusion
Assault and battery is a serious charge. If you've been arrested for assault and battery you need to speak with criminal defense attorneys immediately.