ASSAULT AND BATTERY

No one has the right to blatantly cause physical harm to another person or even to threaten assault. However, these criminal charges are not always valid. Faced with the possibility of a lengthy prison sentence for an assault conviction, you need immediate and knowledgeable legal support to fight your charges.

Assault is an offense in which an individual injures or attempts to injure another individual. Battery is an unlawful and willful touching of another individual which is offensive or harmful. Battery is also referred to as assault & battery while no physical contact is necessary for an individual to be accused of assault, a person has automatically assaulted someone when accused of battery, as you cannot commit the willful act of battery without the element of attempting to injure the victim.

If you have been arrested or charged with inflicting bodily injury in a willful manner upon someone else which resulted in a serious or traumatic injury, it is critical you obtain legal

guidance at once. This type of offense may be charged as a misdemeanor or felony, depending on the facts of your particular case.

In addition, you may be charged with aggravated battery which is a more serious charge if a deadly weapon was used in the assault, or serious bodily injury resulted to another person.

Every individual accused of a criminal offense, regardless of the seriousness of the crime, is innocent until proven guilty beyond a reasonable doubt. In order for the prosecution to prove assault and battery was committed, he or she must prove three elements which include:

You acted willfully	You used violence or force
The violent or forceful act was inflicted upon another person

Here is a simple example of the difference between assault, and assault and battery:

Two individuals engage in a verbal argument while in close proximity to each other. One of the individuals attempts to punch the other, but misses. A skilled criminal defense attorney would argue that due to the fact no physical contact actually occurred, his client committed assault.

However, if one of the individuals actually punched the other and makes contact, the crime of assault and battery is supported because physical contact was made.

In either situation it is critical to discuss your case with one of our seasoned defense attorneys.

Under State law, individuals can face misdemeanor, second-degree or felony first-degree assault charges, as follows:

• Second-degree Anyone who engages in offensive physical contact with another person, or who makes the attempt without actually making contact, can face second-degree assault charges. This is a misdemeanor crime under state law, convictions can carry up to a decade in prison, with increased penalties possible for repeat offenders.
• First-degree As a felony crime, first-degree assault involves causing serious physical injury or attempting to do so. Also known as aggravated assault or assault and battery when actual physical harm occurs, individuals convicted of this crime can spend decades in prison, with potentially harsher sentences imposed for repeat convictions. If weapons are used in the crime, offenders are more likely to receive the high end of the penalties, even if they had no intent to kill.

On the surface, these laws sound relatively straightforward. However, the circumstances behind the alleged criminal behavior are typically quite complex. With more than a decade as a criminal defense attorney, we understand that each situation is different, and we are dedicated to finding the unique defense needed to secure the most favorable results for my clients.