In cases that involve weapons, the charges are more serious than in cases that do not. For example, let’s say you didn’t hit the other but you raised your fist. window.dataLayer = window.dataLayer || []; .pa-band { I got in an argument with my aunt and I beat her up and I got arrested for a simple assault, my court date is tomorrow and I really don't wanna go to jail . If you are accused of an assault or battery crime in Los Angeles or Orange County, be very careful. If you press charges, you have the option of charging the offender with assault. Every situation is different. Also, some police officers choose not to bring charges for various reasons. If you have been accused of either assault or battery, it is essential to retain a knowledgeable Anaheim assault & battery defense attorney who can effectively represent you. Assault and battery charges are determined by the severity of your case. Unlike with assault, battery charges have to include allegations that an actual touching took place. gtag('config', 'UA-71244803-1'); All of our consultations are 100% confidential. There does not even have to be any physical contact, because verbal assault and threats fall into this category. They are often confused as the same charge, but they are two different and separate counts in the court of law. The consequences of a conviction can be disastrous. Saved Save. 'https://connect.facebook.net/en_US/fbevents.js'); To understand your options for defense when facing assault and battery charges, you’ll need to understand how the law applies to these charges in North Carolina and discuss your case with an attorney. To make matters even more confusing, the criminal charge for assault in Alabama is the same as the criminal charge for battery in most other states. You’re not completely off the hook but your punishment will be reduced. t.src=v;s=b.getElementsByTagName(e)[0]; It involves no injuries and no weapons. Where available, if an individual has consented voluntarily to a particular act, then that same act generally cannot be asserted to constitute an assault and battery. Finally, a charge of sexual assault and battery involves the use of force to engage in nonconsensual sexual contact with a victim. Assault generally refers to the threat of imminent force and battery refers to the unwanted touching of another, typically that which causes bodily injury (but also may include offenses of a sexual nature). fbq('init', '500645517450733'); Contact Remington & Dixon PLLC to discuss your legal options with a skilled North Carolina criminal defense attorney. An aggravated battery charge involves the use of a weapon to cause injury, though this charge is also used for battery against a particularly vulnerable victim, such as a child, an elderly person, or a mentally disabled person. So, if you want to press charges for assault and battery then either a police officer will need to bring the charges if they can, or a magistrate. Simple batteries normally get charged as misdemeanor offenses. This is common in cases where two people get into a fight that is mutual and in cases where the defendant is accused of sexual assault where the activity was actually consensual. It depends on how the victim determined your stalking behavior. If your stalking includes threats to harm or engage in any non-consensual behavior, your case can fall under assault. Having a solid alibi is another way to defend yourself against assault and battery charges. The touching must also have been offensive and not playful or accidental. Felony assault and battery are very serious charges; a conviction for one of these crimes can seriously impact your life. If you’ve been charged with either assault or battery, here’s what you need to know about winning your case in court. Here are some of the most common defenses used to win an assault or battery case. Online Impersonation Charges in Louisiana, What to Know if You’re Charged with Cyberbullying in Louisiana, Legal Advice on Criminal Charges for Stalking in Louisiana, All You Need to Know About Alcohol Treatment for DUI. Here are some common causes of either charge and how they’re judged in court. Were you charged with either assault or battery and need to beat the charges? The severity of the consequences for such charges are based on the severity of the crime and whether the charge is a misdemeanor or a felony. Criminal defense Criminal arrest Violent crime Filing a lawsuit. If you were not even at the scene of the incident, and if you can prove this with a solid alibi, then you can likely succeed in your assault and battery defense. It is important to be able to prove that the alleged victim was actually the initial attacker and that the force used by the defendant was actually reasonable in the circumstances. If you are ever in a situation where you must use force to defend yourself, it is wise to collect the contact information of witnesses, if possible. Many actions tied to battery and assault are illegal, but some are perfectly legal. Proving self-defense is challenging but can be powerful enough to beat assault and battery charges. This can increase your chances of your charge getting dropped. Insanity varies by state. location = '/thank-you/'; A case that involves a fight that both parties were actively engaged in is easier to defend than a case where one person was attacked by another. function gtag(){dataLayer.push(arguments);} What if you successfully claimed insanity? Damages for assault and battery. The second was a warrant issued out of the Falmouth District Court for Trespassing. This is all difficult to figure out on your own, especially when anything you say can be used against you. If you can, you can plead insanity to prove you didn’t know your actions were criminal. There are three types of misdemeanor assault and battery charges someone can be charged with, including assault and battery, the causing of injury to another, assault, the causing of fear through a show of force, and affray, which is fighting in public. What is the Difference between Assault and Aggravated Assault in North Carolina. Simple assault is the best place to start because this is the simplest and among the most common of assault charges. Read more about Assault and Battery Law here: Virginia Assault and Battery Laws and Penalties – Defense Attorney’s Explanation of Misdemeanor Charges Under VA Code 18.2-57 Click to Review all Assault & Battery Case Results It is also not necessary for the victim to be a stranger, and many cases involve domestic violence and abuse. We have superior experience serving many defendants. First degree charges are the most serious of the three. He earned his Juris Doctor from Barry University School of Law in Orlando, Florida. You have to treat this defense similarly to defending yourself. Assault and/or Battery are common criminal charges that can result from any kind of argument or fight that gets out of hand, and the police step in. ; If you assaulted a trespasser, you must prove they were on your property and they were in the wrong. Furthermore, depending on the severity of the allegations, you can be charged with a misdemeanor or a felony. When it comes to felony charges, frequently associated with the use of deadly weapons, the offender can spend anywhere from 15 to 98 months in prison. While this is seen as threatening, this action is legal. The threat can be actual or implied. While preparing your defenses, you should talk to your attorney to see what the best … Assault and battery are two separate offenses—you can be charged with either one or both. First offense assault and battery charges in Virginia will generally not result in the maximum penalties unless the assaultive conduct was egregious. {if(f.fbq)return;n=f.fbq=function(){n.callMethod? background-color: #555d66 !important; Great bodily injury must result or be likely to result. The first warrant was issued out of Falmouth District Court for two charges of Assault and Battery with a Dangerous Weapon and one Assault and Battery charge. Asked in Sacaton, AZ | Dec 27, 2016 . For subsequent offenses, the person might face a jail sentence of up to two months and more fines. A few of these awards are from The National Trial Lawyers: Top 100 Trial Lawyer in 2014, The National Trial Lawyers: Top 40 Under 40 in 2014, Nation’s Top One Percent: National Association of Distinguished Counsel in 2015, Super Lawyers: Rising Stars in 2018 and 2019, and North Carolina Business Magazine: Legal Elite in 2019, among others. Online Gambling in Louisiana: Is It Legal? Louisiana Criminal Law by Attorney Carl Barkemeyer. So, I own a small boat detailing company and I'm 21 years old. Separate charges typically exist for sexual assaults, affray and assaulting a police officer. No physical interaction, threats, consent, and legal actions are factors the court will take into consideration. If you’re also being charged with battery, this means that you did cause them bodily harm. Call now at (877) 394-6959. Consent may be available as a defense to an assault/battery charge, depending on the jurisdiction. img#wpstats{display:none} In Louisiana, the M’Naughten Rule is used. Battery charges in Florida include simple, felony and aggravated battery with aggravated battery being the most serious. This will usually involve witnesses and/or other forms of evidence, such as receipts, that indicate that you were somewhere else. What if someone trespassed on your property? While removing these charges isn’t easy, there are ways to craft a good defense with the help of a criminal defense lawyer. display: none; More . People facing assault or battery charges, regardless of the degree, are looking at possible jail time. If you’re being charged with assault, it usually means that you acted in a way that made someone believe you would hit them or hurt them. This defense involves establishing that the person accused of the crime was actually the victim, and their actions were intended to defend themselves from attack. For example, let’s say your victim charged you with sexual assault. In order to beat assault and battery charges and reduce your sentencing, you need a powerful criminal lawyer on your side. Assault and Batter Defenses: Consent. Required fields are marked *, What to Do (& What Not to Do) When You’ve Been Charged With Domestic Assault, A Defense of Self Defense: How, Why & When to Plead Self Defense in Court. If this happened to you, you had to prepare a powerful defense to prove you did not commit assault or battery. Now that you know the ways you can win your case, your lawyer will likely compile a specific defense. color: #ffffff !important; gtag('js', new Date()); Gaining the victim’s consent is another way to win both battery and assault charges. Canada also has a three-tier system: assault, assault causing bodily harm and aggravated assault. Assault and battery charges are serious and can be difficult to drop. As always, the real advice comes when […] How can I beat a simple assault charge . This can be a particularly good option if it means avoiding any potential felony charges. If you’re facing your court date, you’re probably wondering if you can beat your charges. An assault charge, though, could still be raised. However, there still does not have to be any actual injury to the victim for a simple battery charge. How to Beat a Connecticut Assault & Battery Charge. What if someone threatened to harm a loved one and you stepped in the way? Victims of assault and/or battery may be entitled to both compensatory damages and punitive damages. By definition, an And the odds aren’t in your favor. What is the Difference Between Possession with Intent to Distribute and Drug Trafficking in North Carolina? Minor crimes can only result in a fine, but serious charges can lead to imprisonment. There is more than one type of assault and battery charge, so we’ll discuss the different types of charges you could possibly be dealing with before we discuss the potential defenses. s.parentNode.insertBefore(t,s)}(window, document,'script', A lot of times you will hear the terms “assault” and “battery” used interchangeably. For example, there can be no criminal charges of battery if a person went to shove another person and missed. Brandon double-majored in Political Science and Criminal Justice at the University of North Carolina at Charlotte. It’s also best you don’t speak and let your lawyer handle everything. It is legal for someone who is being attacked to use reasonable force to stop the attack. Attorney Casale represented the Defendant on all three dockets and was successful in getting all eight charges dismissed. In some cases, a weapon is involved, though this is not a requirement for a sexual assault and battery charge. If you are facing simple assault charges on top of other crimes, you may be able to plea to other charges. Assault can occur if the offender threatened a harmful or offensive touching against the victim and had the apparent present ability to do so. Again, the victim is no longer in charge of the case. If you were not even at the scene of the incident, and if you can prove this with a solid alibi, then you can likely succeed in your assault and battery defense. if(!f._fbq)f._fbq=n;n.push=n;n.loaded=!0;n.version='2.0'; No physical interaction, threats, consent, and legal actions are factors the court will take into consideration. However, victims can always go to the magistrate and the magistrate can issue a warrant for assault if probable cause exists. Most intent is causing injury or harm to another person. Is it a Felony to Create Excessive Noise in Louisiana? How to Beat your Florida Assault Charge. You’ll either be admitted to a psychiatric facility or your charges will be decreased, resulting in a reduced prison sentence. document.addEventListener( 'wpcf7mailsent', function( event ) { Depending on the nature of the crime, an assault or battery charge could be a misdemeanor, or it could be a felony. While the US court system is 99.973% successful at catching the right person, there’s a small percentage of people who were falsely accused of committing a crime — some of which are on death row. In order to prove self-defense, you must show: Every situation is different. Pleading insanity is rarely used, but it’s an option. There may not be injuries, but a lot of cases of aggravated assault do involve injuries to a victim, and they are often severe. You could face a lengthy prison sentence and the stigma of being a convicted felon. Typically, when someone is convicted of a misdemeanor assault or battery charge for the first time, they will spend no more than one month in jail, fines of no more than $1K, and community service. Assault and battery charges aren’t easy to beat, but it’s possible. } But there are still defenses to both assault and battery charges. Criminal charges for assault and battery are doubly confusing in Huntsville not only because they can be the source of both criminal and civil cases, but also because Alabama's criminal law does not recognize battery as a separate offense. To start with, you’ll need to understand the basics of the specific crime you are being charged with. This will make it more difficult to prove your case in court. While stalking doesn’t always fall under the assault blanket, in some cases it can. These are some of the most complex laws in the U.S. law system. \"Involve nonconsensual touching of the private parts of a person, either under or above clothing, with lewd and lascivious intent”; OR 2. But if the extent of the act exceeds the permission provided, it can still provide grounds … Assault may overlap with an attempted crime; for example an assault may be charged as an attempted murder if it was done with intent to kill. © remington & dixon law firm 2019. all rights reserved, Charlotte School of Law Student Loan Forgiveness, skilled North Carolina criminal defense attorney, Protecting Your Real Estate License From Unauthorized Practice of Law, Wrongful Allegations And Your Teaching License. There are also common defenses you can claim, such as self-defense. Throughout his career, Brandon has received numerous awards and recognition from his peers and agencies that rate attorneys. Battery is a criminal offense involving unlawful physical contact, distinct from assault which is the act of creating apprehension of such contact.. An assault with a firearm charge in Virginia is a specific form of assault. For more information on assault charges in Virginia, click here. Call us now to talk about your Florida assault and battery charges to speak with an attorney who has handled cases like yours. In the civil context, assault and battery are intentional torts.In criminal law, "assault and battery" is often used to refer to only one crime. Most assailants threaten another with intent to harm them. We can help you take care of these and get your life back. Simple battery does require physical contact that is unwanted and can also include force. If you threatened another person before a violent crime was committed, this can be considered assault. It is possible to successfully defend someone accused of assault and battery. text-align: center !important; Even though this falls under physical contact, jabbing with the finger causes little physical harm. It may be that the wrong person is being accused or that the alleged victim is simply lying.

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