Assault and battery are typically viewed as two separate criminal charges, though often used interchangeably in casual conversation. Therefore, knowing how to plan a legal defense is important when facing these charges after an arrest.
These charges carry great consequences, and having a criminal defense attorney in these cases is best. They know the specific laws in your jurisdiction and how they are interpreted and can create a strong defense for your case.
Speak with a Criminal Defense Attorney About Your Assault Charge Now
If you’ve been accused of assault or assault and battery, you need to speak to a criminal defense attorney who handles these cases regularly. They can strategize a defense that will improve your case’s outcome. By retaining an attorney’s help, you can protect your rights and go forward in a more positive light.
Don’t overlook the importance of obtaining legal representation. The difference between defending yourself or retaining representation can mean the difference between staying in jail for a longer period or getting your charges dropped or reduced.
Assault vs. Battery
Assault and battery are two separate crimes with different elements. Both are violent crimes, but they have different actions and intent.
Assault
Assault is described as an intentional threat. As a result, it causes the victim to feel fearful of imminent violence. A person does not have to be touched physically. In basic terms, it’s a threat of violence that frightens another person.
Battery
Battery, as someone actually and intentionally touching or striking another person against their will or intentionally causes harm to another person. Unlike assault, battery requires physical contact. Contact doesn’t have to cause injury or pain – even an unwanted touch can be battery – if it’s intentional and against the victim’s will.
Degrees and Classifications
Both assault and battery can be charged at different levels depending on the jurisdiction, circumstances and severity of the offense. For example, assault and battery charges in Florida, carry the following penalties:
Assault Classifications
Simple assault is typically regarded as a misdemeanor of the second degree and is punishable by:
- Up to 60 days in jail
- Up to 6 months probation
- Up to $500 in fines
Aggravated assault, which is the use of a deadly weapon without intent to kill or intent to commit a felony, is a third-degree felony punishable by:
- Up to 5 years in prison
- Up to 5 years probation
- Up to $5,000 in fines
Battery
Simple battery is usually charged as a first-degree misdemeanor with penalties of:
- Up to 1 year in jail
- Up to 1 year probation
- Up to $1,000 in fines
Aggravated battery, which is causing great bodily harm, permanent disability, permanent disfigurement, or using a deadly weapon, is a second-degree felony punishable by:
- Up to 15 years in prison with a minimum of 21 months in prison unless a court deems otherwise
- Up to 15 years probation
- Up to $10,000 in fines
The Importance of Relying on the Legal Services of a Criminal Defense Attorney
When facing assault or battery charges, having a criminal defense attorney is not just helpful – it’s essential. Here’s why:
Early Intervention
A good defense attorney can intervene early, often before charges are even filed. This early intervention can be key for:
- Evidence Preservation: Attorneys can get to work quickly to gather and preserve evidence that might otherwise be lost.
- Negotiations with Prosecutors: Sometimes, attorneys can convince prosecutors not to file charges or to file reduced charges based on the early presentation of evidence or mitigating circumstances.
- Protection of Rights: An attorney makes sure law enforcement and prosecutors respect your constitutional rights throughout the investigation and charging process.
Case Analysis and Defense Strategy
Criminal defense attorneys bring specific experiences in analyzing the facts of your case and developing a defense strategy. They know the elements the state must prove and can find holes in the state’s case. Common defense strategies might include:
- Self-Defense
- Lack of Intent
- Consent
- Mistaken Identity
- Insufficient Evidence
Process
The legal system is complicated, and getting through it without an attorney can be both a burden and confusing. A defense attorney:
- Files All Court Documents: Ensure all necessary paperwork is filed correctly and on time.
- Represents You in Court: Speaks on your behalf at hearings and trial.
- Negotiates Plea Deals: If applicable, get you the best possible plea.
- Prepares for Trial: Develops and executes a trial strategy, if needed.
Minimizing the Fallout
Even if some form of conviction is likely, an attorney can help minimize the consequences by intervening, as follows:
- Alternative Sentencing: Looking into options like anger management classes, community service, or probation instead of jail time.
- Plea Negotiations: Getting reduced charges or lighter sentences through negotiation.
- First-Time Offender Programs: Finding and pursuing programs that can get charges dropped if completed.
The Long-Term Effects of Assault and Battery Charges
Knowing the long-term effects of assault and battery charges shows why you need defense counsel.
Criminal Record
A conviction for assault or battery creates a permanent criminal record that can affect:
- Job applications
- Housing applications
- Professional licenses
- Educational opportunities
- Loan applications
- Immigration status
Professional
Certain professions are more affected by assault or battery charges:
- Healthcare workers
- Teachers and educators
- Government employees
- Security personnel
- Licensed professionals
Personal
The personal consequences are big:
- Strained relationships with family and friends
- Difficulty getting or keeping a job
- Limited travel
- Loss of gun rights
- A bad reputation in the community
Choose the Right Attorney
When choosing a criminal defense lawyer for assault or battery charges, check out their background as follows:
Experience and Knowledge
Look for an attorney who:
- Has handled assault and battery cases in your area
- Knows the local courts and process
- Has a winning record
- Stays up to date on criminal law
Communication and Availability
Your attorney should:
- Explain legal stuff in plain English
- Keep you updated on your case
- Respond to your questions and concerns
- Give you realistic expectations of the outcome
Strategy
The right attorney will:
- Explore all legal avenues
- Be prepared to go to trial if needed
- Get the best result possible
Serious Charges Call for Serious Action
Assault and battery charges are severe and can have life-changing consequences for defendants. Knowing the difference between the two is important, but having an attorney is even more essential. A good criminal defense lawyer can mean the difference between a conviction and an acquittal or between a harsh punishment and a better outcome.
The Time to Contact a Criminal Defense Lawyer is Now
Every case is different so that the facts will dictate the legal strategy. By hiring an attorney, you will have the best shot at winning. Talk to a top criminal defense lawyer right away.