Assault
A
threat that commands the immediate performance of some
act which the threatening party has no legal right to
demand; a threat that is made with the intention of
compelling performance of the act by the application
of physical force; the person making the threat has
placed his/herself physically into a position to inflict
physical force; and that person has proceeded as far
as it is necessary to go in order to carry out this
intention.
Types of Assault & Battery charges:
Assault: the threat or attempt to strike another, whether successful or not, provided the target is aware of the danger. The assaulter must be reasonably capable of carrying through the attack. In some states if the assault is with a deadly weapon, the intended victim does not need to know of the peril. Other state laws distinguish between different degrees (first or second) of assault depending on whether there is actual hitting, injury or just a threat. Includes the act of putting another person in reasonable fear or apprehension of an immediate battery by means of an act amounting to an attempt or threat to commit a battery.
Battery : the actual intentional striking of someone, with intent to harm, or in a "rude and insolent manner" even if the injury is slight. Negligent or careless unintentional contact is not battery no matter how great the harm.
Assault and Battery: Assault performed in conjunction with an actual battery
Aggravated Assault: the crime of physically attacking another person, which results in serious bodily harm and/or is made with a deadly or dangerous weapon. Aggravated assault is usually a felony punishable by a term in state prison.
Assault with a Deadly Weapon: An aggravated assaut in which the defendant, controlling a deadly weapon, threatens the victim with death or seriouse bodily injury.
Sexual Assault: Sexual intercource with another person without
that person consent; offensive sexual contact with another
person, exclusive of rape.
Assault with Intent: Any assault that is carried out with an additional criminal purpose in mind.
Assault and Battery are classified as Violent Crimes. Other types of Violent crimes include: Assault, Battery, Mayhem, Domestic Violence, Murder, Vehicular Manslaughter, Kidnapping, Arson, Terrorist Threats, Child Abuse, Carjacking, Hit & Run.
Consequences for the conviction of Assault and Battery may potentially include:
- Imprisonment
- Probation or parole
- Anger management class
- Significant fines
- Loss of the right to own a deadly weapon
- Other
Likelihood of any of the above consequences depends upon the following factors:
- Prior similar convictions
- Any other prior convictions
- Currently on probation or parole
- Attitude of community and court toward this type of crime
- Degree of media attention on case
- Mitigating/aggravating circumstances
- Other
Defenses for Assault and Battery may potentially include:
- Defense of others (loved ones)
- Insufficient evidence
- Factual innocence
- Self defense
- Defense of property
- Other
What can you do to improve the outcome of your case?
- Gather documentation of your good character (reference letters, employment history, community service, etc.)
- Exercise your right to remain silent
- Retain qualified counsel as soon as possible
- Keep a diary of all significant events and potential witnesses (this information will help your attorney prepare the best possible defense)
- DO NOT investigate your own case
What can we do to help?
- Early preparation, including legal research and defense identification
- Early investigation and identification of all facts helpful to your defense
- Interview police to minimize or eliminate the case
- Interview the prosecutor to minimize or eliminate the case
- Interview all witnesses
- Reduce or eliminate bail requirements
- Provide emotional support to loved ones and ensure that they are continually updated as to the status of your case
- In appropriate cases, negotiate jail alternatives
- Obtain an evaluation report from a court approved psychologist (to show counseling may be a better alternative to jail)
- Coordinate a private lie detector test
- Develop appropriate motions to dismiss the case
- Develop appropriate motions to suppress evidence
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DISCLAIMER
The statement above is not legal advice! This statement is not intended to be a correct statement of law in your jurisdiction. This statement is intended to give you a very general understanding of what is involved in this type of crime. Please consult an attorney to find out what law applies in your jurisdiction.
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