Introduction
While the words "assault" and "battery" are often juxtaposed and used synonymously to describe any type of physical attack, they are actually distinct offenses that carry very different meanings.Assaults are deliberate, unlawful threats by word or deed to inflict violence to another person, coupled with a credible ability to do so, and then carrying out an act that instills a well-founded fear to the extent that such individual believes violence is imminent.
Battery is defined as intentional physical contact with another individual against without their consent. Battery may include striking, hitting, groping, slapping, and many other instances of physical contact.
Assault and battery are legally considered separate crimes because the level of severity of the actual altercation may be different.
Charges for assault may be levied against a defendant even if physical contact was never made, whereas battery charges must entail intentional contact. This type of charge can be determined as "culpable negligence," which means a reckless act placing another person in jeopardy of death or injury is being alleged.
Assault and Battery Charges
There is a long list of offenses that fall under the category of assault and battery. and they all carry varying degrees of punishment. Among the more common types of charges are:- Aggravated assault;
- Aggravated battery;
- Assault with the use of a deadly Weapon;
- Assault with the intent of committing a felony;
- Assault or battery against a law enforcement officer;
- Battery;
- Battery causing great bodily harm;
- Battery with a deadly weapon;
- Simple assault;
- Sexual assault;
- Sexual battery.
Penalties in the event of a conviction
Many factors affect the ultimate punishment in the event an individual is found guilty of an assault or battery charge. Some of the circumstantial factors are the harm that was inflicted, the presence of a weapon, and the type of contact.Assaults are punished as second-degree misdemeanors. However, aggravated assault charges are third-degree crimes.
We encourage you to call the Law Office of Zaire & Wade so we can explain all of the potential ramifications of the charges you are facing. The legal process can move at a rapid pace and that requires the savvy and knowledge of experienced legal counsel. We will strive to have the charges levied against you either dismissed altogether or drastically mitigated.
If you have been charged with assault or battery, or if you believe an arrest is imminent, please contact the experienced attorneys at the Law Office of Zaire & Wade today.
We can be reached 24 hours a day via e-mail.
