Many people confuse assault and battery due to the fact that they are commonly coupled when filing charges against an alleged offender. While both crimes are serious offenses and carry serious penalties if convicted, the difference between them is quite significant. If you or someone you know has been accused of, or arrested for, any assault related offense it is important to consult and enlist the services of an experienced and aggressive defense attorney. Understanding your rights and the parameters of your violation is imperative to maintaining your livelihood.
Assault is defined by the law is an unlawful attempt, coupled with the present ability, to inflict harm or injury upon the person of another. Often times assault charges can become rather complicated as they can potentially involve verbal, physical or even symbolic threats.
Assault with a deadly weapon occurs when an alleged offender threatens or attempts to inflict harm or bodily injury upon the person of another using a deadly weapon. Obvious deadly weapons include knives and firearms (even an unloaded firearm). Additionally, seemingly innocent objects such as bottles, pencils, rocks or cars can also be considered deadly weapons if they are used in a threatening manner. Hands and feet are seldom considered deadly weapons; however, kicking and biting may result in these more serious charges due to the fact the actions often cause very serious bodily harm. It is also important to remember that, as with simple assault, bodily harm does not necessarily have to occur.
Assault likely to produce great bodily injury occurs when the type of force used is significant enough to result in great bodily injury. In many cases, this charge may be paired with ‘assault with a deadly weapon’ charges if the circumstances warrant as such; this creates a scenario where additional charge can now be filed against the defendant.
Battery is defined as the unlawful use of force or violence to the person of another. In other words, if the alleged offender threatens (assaults) someone by any of the means outlined above and then proceeds to inflict bodily harm or injury upon their person, then the charge becomes assault and battery.
Considering the wide range of possible assault charges and the gray area that exists between them, it is very important to consult and enlist the services of an experienced defense attorney as soon as possible in the event of an arrest or accusation of assault and/or battery. The legal team of Michael Hernandez will perform a thorough investigation of your case and attempt to interview witnesses of the incident.
Assault offenses are not to be taken lightly as they can prove extremely detrimental to your future, livelihood and reputation. Your ability to gain employment or rent a residence may also be impaired if your criminal record contains an assault or battery conviction.