Assault and Battery Definitions

A criminal "assault" is an intentional, unlawful threat by word or act to do violence or harm to another person, while exhibiting an apparent ability to do so, and acting in a way which creates a well-founded fear in another person that such violence is imminent.

Actually touching or physically harming an individual falls under the purview of Battery.

Both charges are characterized as felonious when accompanied by criminal intent - such as an intent to kill, rob, or rape - or when they are committed with a dangerous weapon.

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Seriousness of Charges

Due to the fact that Assault charges and Battery charges are crimes against the public and Public's safety, these charges are prosecuted more aggressively than other misdemeanor crime charges such as solicitation of a prostitute, disorderly conduct, or public intoxication.

Often, the prosecution will look for opportunities to strengthen an assault or a battery charge with any of the following charges:

  • Stalking
  • Violation of a Restraining Order
  • Sexual Assault
  • Assault of a minor
  • Lewd and lascivious acts
  • Burglary, Theft or Robbery
  • Proving Assault or Battery

    A simple assault conviction can happen only if the prosecution can prove intent, therefore, it relies on the subjective nature of the alleged assault victim's perception of what he or she believed was a clear and present danger.

    A battery conviction can only occur if the prosecution can prove that the act of battery was intentional, or inflicting physical harm on another was foreseeable by the accused.

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    If you're facing assault or battery charges, contact Blaine today to discuss your case.

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