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Assault and Battery Overview

Assault and Battery - An Overview

An assault is conduct that causes another person to reasonably believe that they are in danger of immediate harm or unwanted bodily contact. If you or someone you know has been charged with assault, it is very important that they obtain the legal representation of an experienced criminal defense attorney. There are many defenses to charges of assault, and contacting an attorney as soon as charges are filed will allow evidence to be evaluated and witnesses questioned while everything is still fresh. A skillful criminal defense lawyer can help you get through this complicated process.

If you have been charged with assault and battery, contact our Indiana assault and battery defense Lawyer for a free consultation.

What Is An Assault?

An assault is an apparent attempt to inflict a bodily contact or injury on another person. An assault differs from a battery because there is no touching of the victim in an assault; a battery necessarily includes touching. For an assault to occur, the person charged with assault must have intended to make bodily contact or inflict injury on the person assaulted and must have had the apparent ability to do it. The attempt must be open and obvious in such a way that the person assaulted fears that he or she will be physically injured. If the assault includes the use of a dangerous weapon, or if an attempt is made to cause death or serous injury, the crime is called aggravated assault. If the injury is minor or is done without a weapon, the crime may be classified as a simple assault. There are also special categories of assault, like domestic assault and sexual assault, that tend to be vigorously prosecuted.

A person need not be actually injured for an assault to have occurred, but injuries may provide circumstantial proof that the assault was "aggravated" as compared to "simple." The extent of an injury may also prove the defendant's intent to commit an aggravated assault, such as assault with the intent to rape, maim or murder. These types of assaults are much more serious than simple assaults. An experienced criminal defense attorney can make sure that the prosecutor has not ignored evidence that is in your favor.

Assault-Misdemeanor or Felony?

Assault can be prosecuted either as a misdemeanor or a felony. Remember, a person does not need to be injured to claim that they were the victim of an assault. Assault is the threat of violence upon another person. An assault that is not accompanied by any aggravating factors, such as the use of a weapon, is usually classified as a misdemeanor. An aggravated assault can include an attempt to attack another person with the use of weapons (i.e., a gun, knife, pool cue, chair leg) or the use of hands, fists or feet. Charging a person who uses hands, fists or feet with aggravated assault happens most often when serious injuries result. The decision of whether to charge a person with simple assault, a misdemeanor, or aggravated assault, a felony, rests with the prosecutor. A good criminal defense attorney, if contacted early enough, can provide help to eliminate the assault charges or to minimize their impact to the greatest extent possible.

Defenses to Assault Charges

The prosecutor shoulders the responsibility of proving, beyond a reasonable doubt, that an assault was committed. There are many possible defenses to an assault charge. An assault may be committed as a means of self-defense or in order to defend another person. If a reasonable person would feel threatened by an attack, that person may use reasonable means to prevent injury. Sometimes, an assault is committed in order to defend property. The person charged with assault may even have had no intention of committing assault (as where accidental actions are misinterpreted by the person claiming to have been assaulted). In many cases, mitigating circumstances will exist that may reduce or negate criminal culpability. Not all cases of assault are clear-cut. This is why you need to contact an attorney to prepare an aggressive defense to assault charges.

Conclusion

Being charged with assault can lead to very serious consequences, including jail time, probation or parole, significant fines or loss of the right to own a weapon. The prosecutor has a great deal of discretion in deciding whether to charge you with a misdemeanor or felony. However, being convicted of misdemeanor assault can still have serious consequences in that it can remain on your record and impact your ability to get a good job. If you are accused of assault, you should speak to an attorney immediately to learn more about your rights, your defenses, and the legal system.

Assault and Battery Overview » Attorneys and Lawyers Serving Indiana

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