Lawyer for Assault and Battery
Lawyer for Assault and Battery
Assault and battery are most often combined into one offense for many perpetrators. However, many people may not realize this is not always the case. There are circumstances where a suspect is guilty of assault but not battery, however once charged with battery, assault is charged as well. This means that under criminal laws, assault and battery are a single offense. In terms of tort law, or wrongful acts against a person, assault and battery are separate offenses. By definition, assault means that there is real and obvious reason for fear of impending battery. Battery is defined as unlawful touching.
In cases where a suspect waves about a weapon such as a gun or a knife or even an object that could be used as a weapon, such as a baseball bat, this is automatic grounds for an assault charge. In such cases, it is obvious that the victims face a real and present danger and fear that they will be injured. This same scenario leads to a combined assault and battery charge when the suspect takes the next step and causes physical harm to the victims in question. Physical harm of any kind at all in such a situation is considered assault and battery without question.
When verbal threats are made by one person against another, it can be challenging and difficult to pursue a criminal case against the suspect who made the verbal threats. However, verbal threats are considered assault charges and are more than enough to obtain restraining orders against the perpetrator. Once a restraining order is in place, if that order is broken or violated in any way, the charge immediately and automatically becomes an assault and battery charge being that there is already a record of assault. It is then that pursuing a criminal case against the perpetrator becomes much easier.
The punishments or consequences of assault and battery charges will vary from state to state and case to case. A personal injury attorney will be able to help victims through a court case. Typically, though, the victims are entitled to some sort of compensation for damages incurred during the attack. Compensation for pain and suffering, for medical expenses that result as well as lost income due to missed work resulting from the incident. Criminal liability may be applicable in some cases as well. In the case of criminal liability, the perpetrator may face jail time and/or fines.
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