Estelle Roond, Esq.
FOR YOUR RIGHTS
16 Court Street
Brooklyn Criminal Defense Lawyer
ASSAULT AND BATTERY
What to Do About Assault and Battery Charges
There are many criminal offenses in the legal system. These acts range from minor misdemeanors to felonies. One of the most common and well known is assault and battery. This action is known as willful use of physical violence towards another person. Assault and battery charges can stem from hitting a person by kicking or punching and at times using a weapon such as a knife, or other object that can cause harm. At times people will be charged with aggravated assault and battery and this is a crime of considerable magnitude. Anyone who is convicted of this can be sentenced to one or more years in prison depending on the severity of the crime.
When charged with assault and battery, the first thing a person must do is to retain an experienced and competent criminal defense attorney. The attorney will examine the situation, analyze the circumstances and then try to figure out a way to either lessen the charges or get them eliminated altogether. During the defense process the attorney will attempt to address the court that the person who committed assault and battery was someone who was in danger of experiencing physical harm and was acting out in self defense. This is among the most common ways to avoid and overcome this criminal charge.
If a person is arrested for such an offense then they need to immediately get access to a lawyer who specializes in criminal defense. Once this is done the person charged will likely be let out of jail and be ordered to go to court. Once the person goes to court they then are asked to plead either guilty or not guilty. Depending on the circumstances and from the attorney’s outlook the person charged will need to make a decision.
If a conviction is likely due to the circumstances then they plead guilty and plea bargain to get a light sentence or probation. However if there is much reason to believe that the assailant was in a defensive situation then they plead not guilty and then a trial is set. During the trial a jury is chosen to examine the case and the defense and prosecution go over the case. After about a week the jury then decides the fate of the criminal defendant. If guilty then a sentence is imposed and if not guilty then the defendant is acquitted.
If you are ever charged with assault and battery the best thing to do is immediately get a criminal defense attorney, discuss the circumstances and then you and the attorney will examine and address the matter from this point on.
There are over 800,000 assaults reported in the U.S. every year. There are different types of assaults that can occur, but an assault is defined as the threat or attempt to strike another, whether being successful or not, provided the target is aware of the danger. The FBI defined a felonious assault as the unlawful attack or attempt to attack through force or violence to cause physical injury to another. A felonious assault can be the result of weapons or through the use of hands, fists, or feet. Regardless of if an injury results from a felonious attack if there was a weapon used it is classified as a felonious assault. If a weapon was not used during the assault but serious injury resulted from the assault by the use of hands, fists, or feet, it is classified as a felonious assault.
Assault and battery is a type of felonious assault. An incident that has had actual contact and resulted in the need for medical treatment is considered assault and battery. A simple assault is when a weapon is not used and the injuries caused by the assault are only minor.
The FBI's Uniform Crime Report has a crime hierarchy they use to rank violent crimes like assaults. A felonious assault ranks fourth on the FBI's hierarchy, though the number of felonious assaults is thought widely underestimated. The committed assault can be against anyone and may have resulted from an escalated argument or feud. It is important to speak with an assault attorney if you have been accused of committing an assault to ensure your rights are being protected.
Consequences of assault crimes can be imprisonment, probation or parole, fines, loss of right to possess weapons, and anger management classes to name a few. Based on if the offender of the assault crime has a prior history of assault crimes, as well as any other prior convictions, is on current probation or parole, as well as many other variables will affect the resulting consequences of the assault crime penalty if convicted.
Not all instances of assault are clear-cut, which is why an assault attorney is so important. Some assault crimes may have had instances of varying factors. An assault may have been committed due to self-defense or defending another person or property, as well as many other factors. A qualified assault attorney will be able to provide early preparation, if contacted early enough, as well as complete a through investigation and provide an aggressive defense to help eliminate the assault crime case or to minimize the assault crime sentence.
Battery is the criminal offence whereby one party makes physical contact with another party with the intention to harm them. In order to constitute battery, an offense must be intentional and must be committed to inflict injury on another. Battery is different from a similar offense called assault. An assault is any attempt to threaten or attack another party. Physical contact is not required to constitute an assault.
Battery can be considered a criminal offense and it can also be considered an intentional tort in civil court. An intentional tort is a purposeful action that is intended to cause harm to another individual. Battery, or any other intentional tort, is valid grounds to seek relief through a civil case. Through a civil legal case, the victim of battery can seek monetary compensation for their damages from the person who committed the battery. This civil case exists separately from any criminal charges that have been brought against the offender.
There are different degrees of battery that indicate the severity of the offense. Simple battery may include any type of non-consensual, insulting, or harmful contact, regardless of the damage done. Domestic violence can involve battery that occurs between two parties who are related by some degree (familial or intimate relationships). Sexual battery is defined as any non-consensual physical contact that is sexual in nature.
These types of battery are most often prosecuted as misdemeanors, though charges depend on the state where the crime took place and the nature of the offense. Acts of simple battery can be considered more serious when similar acts have previously been committed against the same victim. In some states, a second or third conviction for battery against the same individual is a felony. In domestic violence cases, battery charges may not be dropped against an offender, even at the request of the victim.
Aggravated battery is a battery offense that involves some aggravating factor. This type of battery offense is typically considered a felony offense, and the perpetrator can face incarceration, fines, and many other punishments. For an offense to be considered aggravated battery one or more of the following factors may have been involved: the battery was committed against a protected person (a child, peace officer, or person over 65 years of age); the battery involved a weapon (whether use was real or threatened); the victim suffered significant injury (loss of limb or permanent damage); or the offense occurred in a public transit vehicle or station, school zone, or other protected place.There are a few arguments that may be used to defend a person charged with battery. Lack of intent can be argued by the defendant in a battery case to contend that the injurious physical contact was an accident. A defendant may also argue that the battery was committed in self defense or the defense of others or property. If you would like to learn more about battery, please contact us to speak to an attorney who can evaluate your case to determine how best to protect and maximize your legal interests.
Battery involves an injury or other contact upon another person of in a manner likely to cause bodily harm. In common law jurisdictions such as in the United States, battery is the crime that represents the unlawful physical contact, though this distinction does not exist in all jurisdictions.
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has been in private pratice for over 25 years. She has fought for the rights of thousands of clients who have found themselves in situations just like yours.
Estelle Roond has achieved thousands of favorable Criminal Arrest Dispositions for her clients.
Estelle Roond is a Vice-President of the Kings County Criminal Bar Association. She has held this office for over 15 years.