Assault and battery is one of common cases in criminal defense . If you have been charged with assault and battery, then it is important to understand the charges against you.
This is why it is important to contact an experienced assault and battery lawyer at Rodriguez Law Firm at 855-585-1500.
What is assault and battery?
Assault is defined as a threat or physical contact that causes apprehension of harmful intent by another person. Battery is defined as any intentional act or touching with harmful intent. These two legal definitions can be combined to form the misdemeanor crime of assault and battery.
Another person has caused harm to you and you have defended yourself in a way that resulted in injury to the other person (in self-defense). You have threatened or harmed another person without any justification (in malicious assault and battery). In either scenario, the prosecutor must prove that you actually intended to cause harm to the other person. It is important to note that there is a difference between reckless or accidental actions and malicious actions. If you or someone you know have been arrested for assault or battery, it is important they hire an experienced criminal defense lawyer to handle these charges.
Do I need a lawyer in an assault and battery case?
Given the potential penalties involved in an assault and battery case, it is important to have an experienced Assault and Battery Defense Attorney who can carefully review the circumstances surrounding the offense. Ultimately, this is a matter of defending your good name and reputation.
It should be noted that whether or not you have a criminal record could impact your sentence. The court imposes more harsh penalties on repeat offenders. If you have had previous criminal charges dismissed, then that may help you to get your most recent charge dismissed as well.
What are the criminal charges?
There are three main types of assault and battery charges:
An attempt to cause physical harm to another person with the intent to do so (note it is not necessary to actually do so). This includes threatening an action that would cause harm, such as words, gestures or noises. The act may be done without any conduct (kicking, punching or striking) towards the person who was harmed. The prosecutor must prove that the intent was there and that the other person felt threatened or harmed.
Actually causing harm or physical contact with another person (includes spitting and throwing objects at people). This type of offense involves actual harm to another person, but it is not necessary to show any intent by the defendant to cause harm. If you are charged with this type of offense, then the prosecutor does not have to prove intent for purposes of sentencing.
Assault and battery
The combination of both assault and battery charges.
It is also important to note that in cases of domestic violence one may be charged with assault and battery which may escalate the crime even more This is why it is important to have a domestic battery attorney who can defend you. A domestic battery attorney can help you navigate both the domestic violence charge and the assault and battery charge.
What are the penalties for battery & assault charges?
In terms of sentencing, assault and battery charges can be punished by up to 1 year in county jail, fines of up to $1,000 and/or probation. However, The penalties will vary with the severity of the case. Many defendants often plead guilty in order to avoid potentially more serious criminal charges if convicted, however this is not always a solution as with the right Assault and Battery Lawyer you can get acquitted.
Where to get help with an assault and battery charge
Are you facing an assault and battery charge? Rodriguez Law Firm is one of the experienced law firms in handling these cases. Our criminal defense attorneys have represented clients in these types of cases for years. With experienced Lawyers For Assault and for battery charges. We have the knowledge and experience to help you.
Better call the Rodriguez Law Firm today at 855-585-1500.