How to Deal With First Time Assault and Battery Charge? – Guest Post

  

First Time Assault and Battery Charge

Fights and Brawls end up charging you for the offense of Assault and Battery is a matter of concern. Here’s how you can deal with them.

Human emotions affect our daily lives and decision-making power, which in turn escort us to take action. Those actions might be aggressive, unjust, or depict sensitivity. Since actions and emotions are interlinked, it leads to various decisions, the outcome of which is a crime.

Crime impacts the whole of society negatively in the form of the destruction of properties, death of people, reduction of safety, and so on.The United States considers the first time assault and battery charge to be a serious crime. Similarly, The US dealt with various types of crime, such as street crime, drug crime, white-collar crime, and political crime. Here we will discuss street or violent crime, including assault and battery, and how you can deal with first time assault and battery charges.

Understanding Assault and Battery

Before understanding the strategies to evade the charges, it is pertinent to know the essentials of assault and battery. For some states, Assault and Battery are two different notions, not just in terms of punishment but also of the nature of the suit.

Assault is considered an attempt made by any person to put another person in fear of impending harm to the body. However, in battery, contact is involved, which causes damage to another person. From the above, we can interpret that battery is the continuation of an act involved in an assault.

Types of Assault and Battery

Assault

Sexual Assault:

When there is a threat to the victim that they can be at risk of molestation, rape, sodomy, and other sex-related crime, it is sexual assault. In this assault, certain acts are performed by a person against the victim.

Aggravated Assault:

Another term for aggravated assault is felonious assault. In this, it is required that some serious bodily injury or a weapon to cause harm is involved.

Simple Assault:

Some states define simple assault as a misdemeanor assault. In this assault, the weapon is not used to perform any act, as it simply involves a threat of immediate harm, and any physical injury is unnecessary.

Verbal Assault:

In simple terms, a threat is given using words that imply a threat of immediate injury to another person.

Battery

Civil Battery:

In this, the intention to kill is not there; it is a civil wrong and tort. Though in certain states, the battery is considered a criminal liability, sometimes it also involves civil liability, depending upon the nature of the harm.

Criminal Battery:

In a criminal battery, there is an intention to kill the other person with physical force. It also includes a domestic battery. Legally it is an unlawful touch that is harmful and is done to an intimate partner.

From the above, we can conclude that assault doesn’t require a weapon and force in all cases. Whereas, in Battery use of a weapon and force is an essential element.

Also, in an assault, an intentional act is requisite; however, in the battery, it is not.

First Time Assault and Battery Charge

Am I eligible to File a Suit in Defense of Assault and Battery?

Yes, one can file a suit in legal defense to challenge any assault and battery charges. However, every case will be different. Hence, here we will discuss a few points one should understand for a well-ordered defense process.

Allow Your Lawyer to Work

At the time of arrest or trial, the opposition party or police officer might treat you as a culprit even if you are at no fault. At that time, you’ll have the urge to argue with them. However, instead of arguing on your own, let your attorney talk. There can be circumstances where your statement can be turned against you. As a lawyer with expertise in local laws, he knows what strategies he has to adapt.

Be Honest With Your Lawyer

Concealing any facts because of any fear or for any other reason could be a wrong decision. As your attorney, he needs to be aware of all the facts, no matter whether you think it is helpful or not. Hiding anything might turn up against you and could increase your lawyer’s difficulties at the defense time.

Call the Police and Collect the Evidence

If you are under the apprehension of any threat or you have been through any incident, immediately call the police and take evidence of all the possible things.

Defenses Against First Time Assault and Battery charges

Accusing assault and battery charges can hamper your mental and financial health and reputation. One can take certain defenses depending upon their case. A few of the general defenses are:

Self-Defense

One of the crucial defenses is self-defense, though some cases might interpret this term differently. One needs to show that the force used was under the apprehension of a threat to the body or property, and it was not because of provocation from your end.

Defending Someone Else

It is also one of the defenses one can take because protection is not limited to oneself. A person under the apprehension that there is a threat to someone else property or body has used force, and it was not because of provocation by the same person.

No Intent

Assault and battery require the intention, and in defense, if there was no intention and a mere accident, you can get discharged from the charges.

Falsely Accused

There will be some incidents where you can be trapped in a false case. Such as in cases where there was consent between both parties.

How Lawyers Build Up a Defense Against Assault and Battery Charge?

Plan of Action

The basis of a defense lawsuit requires a proper plan of action. Here the attorney defines the steps from start to end by developing a theory and analyzing all the facts and circumstances.

Investigating Charges

Your attorney will collect and investigate the evidence from the alleged crime scene. Since all the charges are against you, your attorney will look at it from a different perspective and try finding out lope holes that will be helpful.

Guiding You Through Trial

The whole case depends upon what you can and must say because any statement can come against you. Based on experience and knowledge, your Lawyer knows how to present the case at the trial.

These are just a few basic pointers, as your attorney’s work is not limited to the above. Hence, hiring an attorney with expertise in assault and battery charges is required.

Conclusion

Not knowing how to evade the first time assault and battery charge could be scary, especially in a mutually heated argument and exchange where both parties are clear with their intention.

With professional help, it can be easier to understand the judicial system and the essential paperwork. The initial steps are the most crucial ones, and any mistake can weaken your defense. At this point, hiring the right attorney with expertise who can understand and smoothen the process for you is essential.