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Assault and Battery - Criminal Law

Violent Crimes - Assualt and Battery

If you would like to be referred to an Assault and Battery Attorney, contact Attorney Search Network.

Assault and battery are two separate criminal offenses. The terms are often used interchangeably and/or run together as a single expression. The seriousness of the criminal and potential punishment is often denoted by the terms “aggravated” and “simple.” Statutes commonly prescribe greater punishment for aggravated assault and battery. Simple assaults and batteries carry lower punishments. Assault and battery with a deadly weapon or with intent to commit another crime, such as rape, are commonly punishable as felonies and referred to as aggravated assault and battery. Simple assault and battery are typically considered misdemeanors.

Assault

An assault is defined as an unlawful attempt to inflict bodily injury upon another, or the threat to do so coupled with the ability to immediately carry out the threat. An assault can be committed even though the offender does not actually harm or touch the other person. In some jurisdictions, it is an assault for one person to cause another person reason to fear or expect immediate bodily harm. Threats against ones person, if capable of being carried out, can be criminal assault charges.

If an assault results in physical contact, a battery has occurred.

Battery

Battery occurs when a person unlawfully strikes and/or applies force to another person. Any objectionable touching, even if it does not involve physical harm or pain, may constitute battery. The force may be caused by a fist or a weapon. The criminal charge of battery requires physical contact unlink the charge of assault. In many instance the threat of violence is immediately followed by violence or attempted violence that an Assault and Battery has occurred. Depending on severity of intention, threat, injury and if a weapon was used the Assault and Batter can be term Aggravated or Simple.

Assault and battery differs from murder and manslaughter criminal charges primarily in that victims are not killed.

If you are charged with Assualt and Batter contact Attorney Search Network for a pre-screened lawyer referral. Attorney Search Network is a Lawyer Referral Service certified by the State Bar of California and approved by the American Bar Association.

If you have any questions about the information provided above, contact Attorney Search Network for a Criminal Defense Lawyer Referral in your local area.