The use of the terms assault and battery and assault in criminal matters can confuse many people. You might hear both terms used together or one alone, but do they refer to the same thing?
Most people do not worry about assault or assault and battery until authorities arrest and charge them with a crime, which can have serious consequences. If you are in this situation, you need a lawyer to explain your charges and the legal terminology used in your case. This is only one of many reasons you need professional legal guidance.
The first thing you should do following an arrest is to consult a criminal defense attorney in your area. Not only will they explain the nature of your charges, but also build the strongest possible defense.
Assault and Battery Were Historically Two Separate Offenses
In the past, assault and battery were legally distinct from one another. Assault referred to the act of threatening harm or causing fear, while battery specifically referred to physical contact without consent.
Essentially, assault is related to the intention to cause harm, while battery involves the act of physically touching another person unlawfully. However, over time, many jurisdictions consolidated these offenses into a single charge of assault and battery. This merging of charges simplified the legal process and eliminated some potential confusion for defendants.
Most States Only Have Assault Charges to Cover Both Assault and Battery
Today, in most states, assault charges encompass both assault and battery offenses. Most jurisdictions have eliminated the criminal offense of battery altogether. This means that if you are charged with assault, it can include the act of causing fear or apprehension of harm as well as physically making contact with another person without their consent.
Texas is one example where both elements are combined under assault. Assaultive offenses in Texas can include threatening harm, engaging in offensive contact, and causing harm to others.
By combining these offenses into a single charge, state criminal systems streamline cases and provide a clearer understanding for both defendants and the court.
A Few States Still Have Battery Charges
While most states have chosen to consolidate assault and battery charges into a single offense, there are still a few states that maintain battery charges. In these states, assault refers to the act of causing fear or apprehension of harm, while battery reflects the act of unlawful physical contact.
You need a lawyer who understands how your jurisdiction defines and prosecutes these charges. The laws regarding assault and battery charges can vary significantly from state to state, so you must hire a criminal defense attorney with in-depth knowledge of your state’s laws.
Assault and Battery are Still Civil Wrongs
While assault charges are most common regarding criminal offenses, it is worth noting that both assault and battery are still considered to be separate civil wrongs.
In addition to potential criminal penalties, individuals who commit assault or battery may face civil lawsuits filed by the victim seeking compensation for damages.
When pursuing civil action, the claimant must specify the nature of the harmful conduct:
- If the offender made physical contact, the claimant must prove the elements of battery
- If there was no physical contact and only threats, the claimant must prove the elements of assault
This distinction matters in civil court. However, in many situations, a criminal conviction can constitute evidence to prove liability in either type of case.
Possible Penalties for Criminal Assault
The penalties for criminal assault can vary depending on the jurisdiction and the specific circumstances of the case. In general, you might face simple or aggravated assault charges, though any degree of charge is a serious matter.
Factors that can affect the severity of the charges include:
- The presence of weapons
- Extent of the victim's injuries
- Any previous criminal record
Common penalties for assault convictions may include fines, probation, community service, mandatory counseling, restraining orders, or imprisonment.
Consult an experienced criminal defense attorney who can assess your case and build a strong defense strategy tailored to your specific situation.
Defending Against Assault Charges
If you face assault charges, you must mount a strong defense to protect your rights and potentially mitigate the penalties you may face. You can do this with the proper criminal defense lawyer handling your case.
Some common defense strategies for assault charges include:
- Self-defense: If you can demonstrate that you acted in self-defense or defense of others, it can serve as a valid defense against assault charges.
- Lack of intent: Assault charges generally require the intent to cause harm or apprehension of harm. If you can show that you did not have the intent to commit the alleged act or know it would harm someone, you may have a viable defense.
- Consent: In cases involving consensual physical contact, such as sports or certain social situations, consent can constitute a defense against assault charges.
- Lack of evidence: If the prosecution lacks sufficient evidence to prove that you committed the alleged assault, your attorney can challenge the validity and reliability of their case.
Consulting an experienced criminal defense attorney is important to determine the best defense strategy for your specific case. Your attorney will thoroughly evaluate the evidence, conduct investigations, interview witnesses, and advocate on your behalf throughout the legal process.
Contact a Criminal Defense Attorney Immediately If You are Charged with Assault
The consequences of an assault conviction can have a long-lasting effect on your personal and professional life, so you must always take immediate action and contact a skilled criminal defense attorney with experience handling assault cases.
If you or someone you know faces assault charges, do not hesitate to contact a defense firm near you for a consultation as soon as possible. They will start your defense on the right foot.
About The Author:
Brandon Fulgham has an in-depth understanding of both Texas law and Texans themselves. Before practicing law here, he received his undergraduate degree from TCU and his law degree from South Texas College of Law in Houston. After graduation, he worked in District Attorneys’ offices as a prosecutor. Now, he uses that knowledge to anticipate opposing counsel’s arguments and protect the rights of people in and around Fort Worth. His work has been recognized by Expertise (Best Criminal Defense Lawyers in Forth Worth and Best DUI Lawyers in Fort Worth, both 2020), Fort Worth Magazine, and The National Trial Lawyers, just to name a few.
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