Assault & Battery FAQ

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Frequently Asked Questions about Assault

Q: What is the definition of "assault"?

A: Assault is the most commonly committed violent crime in the U.S. In most states, assaults are classified as either "simple," or "aggravated." A simple assault is an attempt or a threat to commit a physical injury without using a weapon. An aggravated assault is an unlawful attack on another person, done with the intent to cause that person a severe physical injury. Typically, an assault is classified as aggravated when the assault involved use of a weapon, or something else that could cause the victim to suffer serious physical harm, or even death. There can be a conviction for aggravated assault even if the victim was not physically hurt.

If you have been charged with domestic assault in Indiana, contact the ~~CITY~~ Assault & Battery ~~KEYWORDS~~ for a free consultation.

Q: How is "assault" different from "battery"?

A: Traditionally, if the victim has been actually touched by the person committing the crime, then battery has occurred. If the victim has not actually been touched, but only threatened, then the crime is considered to be assault. In many states, the distinction between assault and battery has been abolished, and either type of action may be charged as an assault.

Q: Are there any defenses to an assault charge?

A: Yes. Possible defenses include self-defense, defending your property, defending another person, or lack of intent (it was an accident). Every case is different, and you should discuss your possible defenses with an experienced criminal defense attorney.

Q: What is self-defense, and how will it help me?

A: Self-defense is a defense often used by defendants charged with a violent crime, such as assault. The defense is an admission by the defendant that he or she did the act charged, but doing it was justified because of the threatening or aggressive conduct of the person assaulted. In most cases in which self-defense is raised, the core questions include:

• Which party was the aggressor (who started it)?
• Was the defendant reasonable in believing that it was necessary to use force?
• If the belief was a reasonable one, was the force used reasonable?

Q: What could happen to me if I am convicted of assault?

A: A conviction for assault could stay on your record for the rest of your life. You may be sentenced to serve time in prison, to pay a monetary fine, or some combination of imprisonment and a fine. In addition, you may be placed on probation for a substantial period of time. Some form of counseling, or anger management training, is often a condition of probation in assault cases. You may also lose your right to own a firearm.

Q: When is a crime a felony, and when is it a misdemeanor?

A: In most states, crimes are classified as either felonies or misdemeanors. The distinction between the two hinges on the punishment that may be imposed upon a conviction. Usually, felonies are crimes for which the punishment may be imprisonment for more than one year. A misdemeanor is a crime for which the maximum term of imprisonment is less than one year. Certain crimes in some states may be either felonies or misdemeanors, and are known as "wobblers": depending on the circumstances, the maximum punishment may be more than one year, and in other circumstances, the maximum term of imprisonment is less than one year.

Note that the distinction does not depend on what sentence actually is imposed. A person sentenced to less than one year in prison is guilty of a felony if the crime for which he was convicted could be punished by imprisonment for more than one year.

Q: How is rape different from sexual assault?

A: In many states, the criminal laws no longer use the term "rape." The crime is now called sexual assault, sexual abuse, or criminal sexual conduct. The crime normally thought of as rape is prohibited by these laws, and may be charged as first degree, or aggravated, criminal sexual conduct or sexual abuse. The laws now take in more than traditional rape, and include acts committed by homosexuals, and by women against men. Husbands may be charged with sexual assault against their wives, although the penalty may be somewhat less. Offenses such as unwanted touching or fondling, or other indecent acts, also may be included within the definition of sexual assault.

Q: Does sexual assault usually involve a weapon?

A: No. Seventy-five percent of all sexual assaults are committed without the use of a weapon. The figure is even higher for sexual assaults committed by an acquaintance.

Q: Do I need to hire a lawyer?

A: Yes! If you think you need a lawyer, then you need a lawyer. Anyone who is charged with a crime, or who might be charged with a crime, should have legal representation. You have the right to the assistance of counsel at all stages of a criminal proceeding. It is important to have an attorney present in court to protect your rights. Even a relatively minor criminal charge can result in jail time and a substantial fine. Many crimes will prevent you from owning or even possessing a firearm. A criminal conviction may mean that you lose your job. If you are convicted of a crime, something as basic as renting an apartment can be come a problem, as many landlords hesitate to rent to convicted felons. The stakes in a criminal prosecution are high, and you need to consider all the possible options for your defense. An experienced criminal defense attorney can investigate your options, and help you to decide on the best possible course of action.

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