Assault and Battery

What’s the difference?

You may often hear the terms “assault” and “battery” used interchangeably. However, they are completely different offenses. An assault occurs when a victim is intentionally placed in fear of an imminent attack. A battery occurs when a victim is intentionally touched without consent. For example, if a person throws a punch at the victim but they move to avoid it (or the person just missed) that is an assault. If a person lands that punch, that is a battery. There is no requirement that there be any injury at all, so often just shoving or grabbing someone is enough for a battery charge.

How serious is it?

The level of the offense can vary from a simple misdemeanor to a major felony depending on:

The age of the victim: Battery on the Elderly or Child Abuse
The profession of the victim: Battery on a Law Enforcement Officer or Firefighter
The victim’s pregnancy status
Your relationship to the victim: Domestic Violence
The location of the incident: Inside a house (Burglary of a Dwelling with an Assault or Battery) or vehicle (Burglary of a Conveyance with an Assault or Battery)
The severity of injuries: Serious bodily injury, permanent injury, attempted strangulation
If a weapon was used: Including a car, knife, weapon, or another object
If a firearm was used
Whether you have a prior conviction for battery

Common Defenses:

Self-Defense: They were about to attack me
Lying Witness: Usually when the victim is known to the Defendant
Lack of Intent: It was accidental, not on purpose
Mistaken ID / Alibi
Reasonable Doubt
Mutual Combat: The other person consented to the fight

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

Assault and Battery

What’s the difference?

How serious is it?

Common Defenses:

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