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Assault & Battery

Charges of assault and battery constitute the styles of injuries brought about directly with the aid of touch with another man or woman. The two concepts regularly cross hand-in-hand, although they may be genuinely exclusive charges. First, attack is the introduction of apprehension in a victim of impending harm. This can be performed by threats. Second, battery is the real touch, which produces an injury. Therefore, an injured victim can charge a person with both or each assault and battery. The litigation path an injured person may also pursue may additionally depend on the type of injury, the way it happened, and what evidence is available. To recover the maximum in your injury, it is essential to retain an attorney who is experienced with assault and battery

 Types of Assault or Battery

  • striking or threatening to strike a person with a weapon or dangerous object
  • shooting a person with a gun or threatening to kill someone while pointing a gun at the victim
  • assault or battery with the intent to commit another felony crime such as robbery or rape
  • assault or battery resulting in serious physical injury, including permanent disfigurement
  • assault (threat of violence) while concealing one's identity, and
  • assault or battery against a member of a protected class, such as a police officer, healthcare provider, social services worker, or developmentally disabled or elderly person
  • Intentional tripping
  • Shoving or pushing
  • Hitting or punching
  • Bar fights
  • Sexual assault and rape
  • Domestic violence

Punishment and Penalties

 Simple Assault: Misdemeanor punishable by up to six months in county jail and/or a maximum 1,000 fine, probation, restitution to the victim(s)

 Battery: Either a misdemeanor up to six months in county jail, and/or maximum fine $2,000, probation or felony (depending on the nature of the alleged offense) punishable by up to three years in county jail or state prison, a fine of $2,000 up to $10,000, or both, probation. Also called a “wobbler” Restitution to the victim

Assault is normally a misdemeanor charge, punishable by up to a $1,000 fine and up to 6 months in county jail. Battery may also be a misdemeanor carrying a $2,000 fine and 6 months jail time, but if serious injury or death was inflicted or if battery is committed against a police officer or medical worker; it could be a felony with much more severe sentencing.

 Common defenses we use against assault and battery include

  • Defense of self of others, if "excessive force" was not used
  • You did not act "willfully," meaning it was an accident
  • Reasonable disciplinary rights of parents
  • False accusation or misidentification
  • Consent to the act or activity
  • Self-defense
  • Defense of another person
  • Defense of a home or personal property

 Why Hire Us

We are experienced and expert in this area of practice. We know all the tricks and legal procedure to handle these types of accusations if you or a loved one was assaulted and battered by someone else, contact a personal injury attorney to help you. To schedule a free initial consultation with a lawyer experienced in assault and battery, contact the Law Offices of Raoul Severo

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