An assault occurs when one person places another person in fear or apprehension of imminent bodily injury. This can take place in the form of menacing threats, throwing a punch (but not actually hitting the intended target) or brandishing a weapon. Battery occurs when a person actually causes bodily injury to another person through the use of force, violence or a deadly weapon.
There are two classifications of battery: simple and aggravated. Simple battery occurs when an individual causes bodily injury to another person without the use of a deadly weapon or negligently injures another person with a deadly weapon. This crime is usually classified as a misdemeanor and carries a maximum jail sentence of less than one year.
Aggravated battery, on the other hand, is often categorized as a felony and carries a much more severe potential penalty. This type crime either involves the use of a deadly weapon to injure another person or occurs under a set of facts revealing the defendant’s alleged extreme indifference to the value of human life, resulting in bodily injury to another person.
Defenses to Assault and Battery
The law recognizes several defenses to the crime of assault and battery, the most well-known being self-defense. As you discuss the facts of your case with your defense attorney, it is vital to include all facts of the incident which may have given rise to your need to defend yourself. Your attorney may argue on your behalf that the alleged victim was the actual aggressor and you were lawfully protecting yourself from bodily injury. Another defense, known as defense of others, may be applicable if you were protecting a third person from the threat or imposition of bodily injury. Defense of property is applicable so long as the facts reveal you used reasonable force to recover your stolen property. The law generally condones use of deadly force to recover stolen property. Lastly, if the facts suggest you and your accuser were engaged in some sort of consensual activity, such as boxing or an athletic event, your criminal defense attorney may be able to argue the defense of consent.
Contact an Experienced Criminal Defense Attorney Today
The crimes of assault and battery carry potential felony convictions and lengthy jail sentences. You are invited to call on Mr. Eisenberg, a Board Certified Criminal Defense Attorney, to give you the aggressive defense that you will need during this time.