What Is Difference Between Assault And Battery

Share This Post

Arkansas Domestic Violence Laws

Assault and Battery | Criminal Law

Domestic violence laws in Arkansas prohibit people from physicallyinjuring family members and household members. Arkansas also makes itillegal to engage in conduct that creates a substantial danger of deathor serious injury to a family or household member. Punishment fordomestic violence crimes range from misdemeanor penalties to lengthyfelony prison sentences.

Also Check: Ritz Carlton New York Battery Park

What Are Criminal Versus Civil Versions Of Assault And Battery

Now that we know what is the difference between assault and battery, lets find out the difference between criminal and civil assault and battery. The short answer is that civil cases require the added element of damages. For example, if someone punches you in the face, you probably will not get medical bills, lost wages, or pain and suffering, and attorney expenses for filing a civil lawsuit, but that does not mean you could not press criminal charges. So, if someone threatens you, do not wait for the situation to escalate. The law will be able to fix problems after they have occurred, and often that can be too late.

To sum up, assault is defined as an attempt or threat to cause bodily injury to another person, while battery occurs when there is actual harm or offensive contact with another person. Moreover, the latter also happens even if the touching takes place through the victims clothing or indirectly, with a certain object that the defendant uses to touch the victim.

If a defendant has been wrongly accused of any assault or battery charge, s/he can raise a legal defense to reduce or even dismiss a criminal charge. However, it is best to have an experienced criminal defense attorney act on behalf of the accused.

Improve Your Chances Of Compensation In Court

For these reasons, its crucial that you take the following actions after an assault or battery to improve your chances of succeeding in court against your attacker.

  • Collect Evidence. Photograph any physical injuries you may have, torn clothing, destroyed property, etc., that may help show the extent of the attack.

Try to gather any videos of the incident that may have been recorded by a witness on their phone, for instance, and search the area for any cameras you may use to obtain surveillance video of the attack.

  • Request for the contact info of anybody who may have witnessed any part of the assault or battery occurrence, including the events leading up to it, the attack, and the aftermath.
  • Seek Medical Attention. Its crucial to receive treatment right away after a battery. If you dont, your attacker can claim that since you didnt go to the hospital, you werent hurt. The assailant may also claim that your injuries were faked to obtain compensation if you wait to get treated.

You have better grounds for your assault and battery claim if you can show that you sought care immediately and that your injuries were examined.

  • File a Police Report and assist with any subsequent investigation. When reporting the attack, give the police whatever evidence you have gathered and ask your witnesses if they would be prepared to speak with them.
  • Find out what legal action you can take against your attacker by speaking with a lawyer.

Read Also: Iphone 13 Pro Max Battery Life Hours

Penalties For Simple Battery

Often, in California, prosecutors charge a simple battery as a misdemeanor offense. However, this offense could also be charged as a felony when one or more aggravating factors are present. For example, battery perpetrated against a peace officer acting in the course of their duty or battery causing significant bodily injury could be charged as a felony.

If the prosecutor charges you with a misdemeanor, you could face these penalties:

  • A fine that does not exceed $2,000
  • Three years of a summary probation
  • A jail term not exceeding one year in a county jail

If the prosecutor charges you with a misdemeanor domestic abuse battery, you could face these penalties:

  • A fine that does not exceed $2,000
  • Misdemeanor probation for three years
  • A jail term of not more than one year in a county jail

If the prosecutor classifies the offense as felony battery against a peace officer that results in injury, you could face these penalties:

  • A fine that does not exceed $10,000
  • Formal probation for five years
  • A jail term not exceeding three years in a state prison

If the prosecutor accuses you of felony battery that causes significant physical harm to someone else, you could face these penalties:

  • A fine that does not exceed $10,000
  • Formal probation of five years
  • A jail term of 2, 3, or 4 years in a state prison

Whats The Difference Between Assault And Battery In North Carolina

Difference Between Assault and Battery

On behalf of Randall & Stump, PLLC in Assault and Battery, Criminal Defense on Thursday, August 30, 2018

In North Carolina, you commit an assault offense when you attempt/threaten to unlawfully touch someone. Battery, however, occurs when you intentionally touch someone without their permission or consent. The two crimes are often associated with each other, but they are technically two different actions by the accused.

Speaking to an assault lawyer is the best way to understand the charges youre facing. On your own, you may not know what charges your actions make you liable for. You may not be able to assess possible defenses, or discover ways to get those charges reduced. At Randall & Stump, Criminal Defense Attorneys, we can help fight any accusations of assault or battery you face in the Charlotte area. Our experienced lawyers know the law, and we will fight for you throughout every step of your case.

To schedule a free and confidential consultation of your case, contact us today at .

Also Check: Interstate 6 Volt Deep Cycle Battery

Example Of An Assault

A common form of an assault that has nothing to do with a battery consists of being shown a weapon.

For example, say now that your neighbor is angry with you because your hedges are bleeding over into his property. When he comes to tell you about it he insists you cut your hedges.

Then before leaving he says to you, I dont want to have to take care of things myself. As he says this he opens his shirt to reveal a gun in his waistband.

This is considered an assault.

Even though he never touches you or takes the gun out, the implication is hell use it if he doesnt get what he wants.

Filed Under: Battery

Wheres Samuel Partida, Jr.?

Gallagher Krich Apc: Experienced San Diego California Personal Injury Attorneys

The statute of limitations for assault and battery claims in California is two years. Therefore, if you intend to sue your attacker after an assault or battery, you must consult with an experienced personal injury lawyer as soon as possible.

Fill out the contact form below or call 926-5797 to arrange a free consultation with a San Diego, California, personal injury attorney from Gallagher Krich, APC, to discuss your case. Once you contact us, one of our knowledgeable lawyers will review your cases facts to evaluate whether you have a valid personal injury claim and then provide you with advice on your legal options.

The attorneys at Gallagher Krich, APC, have assisted assault and battery victims throughout California in obtaining good legal outcomes, and we are prepared to use our 30+ years of combined law experience for your benefit.

Contact our offices today, and well take all necessary steps to make sure your assailant pays for their actions.

Latest News & Updates

Read Also: Changing Battery In Lexus Key

Parental Right To Discipline A Child

In California, battery charges are often filed against parents in conjunction with Penal Code 273 child abuse. The parents’ actions against their children are often legal acts of discipline. You can counter your battery charges by alleging that you acted within your legal parental rights to discipline your child.

Assault Vs Battery In California

Understand Criminal Law in 18 Minutes (Part II)

Battery is the crime of actually touching someone to harm them, while assault is the crime of causing the anticipation that the victim will be hit. For example, if a man pulls his hand back in a fist and threatens to punch a victim, he has committed an assault. If a man actually punches the victim, he has committed battery and potentially some other crimes. Essentially, assault is the potential for physical contact, whereas battery is the actual physical contact.

Since assault is an attempted battery, an incomplete battery can usually be charged as assault. If you hit someone, you usually must have attempted to hit them, so you can almost always be charged with assault alongside battery charges.

You May Like: Small Solar Panel With Battery

States Vary In Their Definitions And Penalties For The Crimes Of Assault Assault And Battery And Aggravated Assault

The crimes of assault, assault and battery, and aggravated assault all involve intentional harm inflicted on one person by another. Any crime involving a physical attack is usually classified as an assault, a battery, or both. Depending on the seriousness of the attack , these acts can rise to the level of aggravated assault. And more than one-sided attacks can constitute assault. Fighting can lead to an assault charge, even when two people have mutually agreed to fight.

Read on to learn how the law defines and penalizes assault, assault and battery, and aggravated assault crimes.

What The Lawsuit States

The allegations in Mondayâs lawsuit mirror longstanding accusations against Cosby, the 85-year-old comedian and actor once known as âAmericaâs Dadâ for his public persona as an upstanding father figure.

According to the suit, Cosby drugged and raped Bernard, who played Mrs. Minifield on âThe Cosby Show,â in New Jersey and Nevada in 1990 and at his Manhattan home in 1991. Bernard has previously spoken out about Cosbyâs alleged abuse and spoke on the steps outside the courthouse at his criminal trials.

Tirl, who had a small role as a police officer on âThe Cosby Show,â alleges that Cosby inappropriately touched her without consent in his dressing room in 1989. She also alleges that Cosby said he âownedâ NBC, the lawsuit states.

Gittens alleges Cosby invited her to his Manhattan home in 1989 or 1990 to discuss working on âThe Cosby Showâ but then drugged her and sexually assaulted her.

Thompson alleges Cosby made her inappropriately touch him without her consent at his Manhattan home in 1988 when she was 18. Ladd alleges Cosby drugged her and raped her in 1969.

In 2014 and 2015, more than 50 women came forward with similar allegations that he gave them drugs to incapacitate them, assaulted them and then used his wealth and stature in the entertainment industry to pressure them to remain silent.

    In:

Recommended Reading: Honda Hrv Key Fob Battery

Don’t Miss: Change Battery On Honeywell Thermostat

Whats The Difference Between Assault And Battery In California

Though defendants often face paired assault and battery charges, each is a separate crime with its own set of penalties. A conviction of either one can bring serious penalties, and many defendants are convicted for both. Find out what each means so that youre in the best position to fight them with a Carlsbad assault and battery attorney or even get them dismissed.

Getting Restraining Orders For Protection

Assault and Battery Attorneys In Northville

Keeping abusers out of your presence can be a life-saving intervention. A restraining order is an excellent measure to keep an abuser from being around you. The order can be issued within 24 hours and prohibits the abuser from seeing the victim and carrying firearms. If an accuser violates a restraining order, it is typically a misdemeanor. It should keep you safe, or the abuser risks six months in jail and up to $1,000 in fines.

Also Check: Smoke Detector Chirps With New Battery

Also Check: How Much Do Hybrid Batteries Cost

Contact The Assault And Battery Lawyers At Aron Law Firm Today

Are you a California resident whod been arrested for assault, battery, or both? If so, you may benefit from the assistance of knowledgeable legal professionals from the Aron Law Firm. Our skilled team has a wealth of experience helping to defend clients across the state of California from a wide variety of criminal charges, including assault and battery. We understand how stressful this time in your life can be, which is why we dedicate ourselves to the well-being and security of each and every one of our clients. For any additional questions about the difference between assault and battery or to discuss defense strategies, contact us today.

The Aron Law Firm has years of experience providing thoughtful, intelligent, and compassionate representation to our clients. We partner with you so that when your case is over, youll feel confident that retaining our firm was the best decision youve ever made. We understand that each client has their own unique set of circumstances and needs, which is why we treat each of our clients like a person, not another case number. To get in touch with a criminal defense attorney today, schedule a consultation by calling 500-7745 or completing our online contact form.

Penalties For A Battery Charge

A charge of simple battery has similar consequences as that of simple assault, which include a fine of up to $2,000 and up to six months in jail. A conviction for a charge of felony aggravated battery causing serious bodily injury can be punishable with a fine of up to $10,000 and up to four years in state prison.

With both assault and battery, the charges are different and more severe if the actions are against a peace officer such as EMTs, police officers, and correctional officers. In some instances, the charges can double in severity.

Since the laws around assault and battery can be complicated and very situation-specific, you want to speak to a criminal defense attorney as soon as possible. You do not want to lose the chance of having your charges reduced or dismissed by making a statement that hurts you or by going to court on your own.

Complete a Free Case Evaluation form now

Also Check: Lithium Battery Stocks To Buy

Defining Assault In New York Criminal Law

New York penal law does not mention battery. Instead, crimes of physical violence use the term assault. Assault under New York criminal law concerns what is often referred to as battery in the civil context or in some other states.

There are several different levels of assault in New York. A conviction for assault in the lowest form, assault in the third degree requires that the defendant caused someone physical harm with the intent to do so, or did so through reckless conduct or criminal negligence. More serious degrees of assault may be charged depending on the level of harm caused, the means used , and the nature of the victim .

New York penal law also criminalizes attempted assault as well as threats of violence .

Defenses to an assault charge might include self-defense, defense of others, lack of intent, mistaken identity, consent, and more. Its worthwhile to talk to a criminal defense attorney before making any statements or entering a plea if youve been charged with assault.

What Is The Crime Of Simple Assault

Criminal Law: Battery, Assault, False Imprisonment, & Kidnapping [LEAP Preview]

An assault is normally defined as an act that puts the victim in reasonable apprehension of harmful or offensive contact.1

While a battery involves the actual use of force or violence, assault specifically focuses on the attempt to use such force or violence.

Note that with regards to the use of force or violence, any harmful or offensive touching is generally enough to give rise to an assault charge. The slightest touching will count if it is done in a rude or offensive manner.2

Assault charges can even occur if the touching involved did not or could not cause any sort of physical injury.3 Further, the actual touching does not have to be direct. It can be done indirectly by causing an object to touch the victim.

Assault violations are typically charged as misdemeanor offenses. The crime is often punishable by:

  • imprisonment in jail for up to six months, and/or
  • a maximum fine of $1,000.

Some states have different degrees of assault, such as first, second, and even third-degree assault.

Note that aggravated assault offenses are more violent crimes than simple assaults. Examples of this form of assault include:

You May Like: Solar Battery Charger For Phone

Defenses Against Assault And Battery Charges

Facing charges of assault and battery can be upsetting and life-changing. It is also a situation that is easy for people to inadvertently end up in after drinking too much alcohol or being in the wrong social situation at the wrong time. However, a Los Angeles criminal defense lawyer can help you fight these charges with a variety of possible defenses.

Why Do I Need An Attorney If I Face Assault & Battery Charges In Michigan

Just as there is often a misunderstanding surrounding the terms assault and battery, these charges are typically the result of complex situations where one persons word is being pitted against anothers. In my experience as a Farmington Hills criminal defense attorney, Ive seen how something as simple as self-defense can lead to an assault and battery charge. Ive seen how false witness testimonies can implicate innocent people. And Ive seen how the right defense can lead to reduced or dropped charges.

You May Like: Ac Delco Battery Date Code

What Is The Difference Between An Assault And A Battery

The way people talk about assault and battery is like they are lumped together at the court, although they are really different. Battery is the actual physical contact, whereas assault is not technically physical contact. It could be physical contact, or it could merely be the threat of physical contact, so if someone was holding a phone in their hand, and another person slapped the phone out of their hand or snatched it away from them, it would be considered an assault because it was physical contact. If someone merely got in someones personal space and shouted at them or balled up their fist and got very close to them, daring the person to do something, then that would also be seen as an assault even though there was no physical harm. Battery, on the other hand, always involves physical contact.

Would It Be Considered An Assault Or Perhaps Trespass If Someone Threatened Someone?

What Would Be The Minimum Amount Of Injury Or Contact Needed For An Assault Charge?

What Are Some Of The Common Misconceptions People Have About Assault Charges?

Another common misconception is that the police will not charge a person or convict them just because it has not happened before. The person will be arrested if they harmed someone, regardless of it being the first time. In the case of a married couple, they will make one member of the couple leave the house for a few days or they might even order that person to stay away for a period of time.

Related Posts