Although the specifics vary from state to state, assault and battery laws typically involve the same charges and acts. When someone engages in assault, they usually either try to hit or strike someone or they threaten another person to cause fear of harm in order to get that person to behave in a particular manner.
There are different types of assault and battery charges based on the severity of the behavior. The most egregious behaviors are typically classified as “aggravated” assault and battery, because they pose more potentially dangerous and serious consequences to the victim.
What type of Charge is Assault and Battery?
An aggravated assault charge involves a situation when someone tries to severely injure another individual, or they use a deadly weapon to threaten or actually harm someone.
The charge is generally used when there is a fight or some type of altercation that involves two or more people charged with domestic assault.
There are some legal constructs, however, that will involve those who just use the threat of violence without following through in order to coerce someone else. The following are the definitions related to assault vs battery laws.
What is Assault?
Although the details differ from state to state, assault is essentially defined as the attempt to injure or harm someone. It can involve either physical action or intimidating behaviors against someone else.
Another form of assault is “attempted battery,” which is when someone uses force through making threats that cause someone believe that if they don’t comply, they are in jeopardy of harm.
The difference between an actual battery and when someone assaults you is whether or not someone makes physical contact. If someone is just offensive, then it is usually not battery; it is just defined as assault.
The Requirements for Labeling an Assault
If you want to convict someone of assault, there needs to be some sort of “criminal act” that took place. The type of actions that would constitute an assault can vary widely in definition based on location.
But it typically means that someone directly or overtly acts against someone in a way that would reasonably be interpreted as attempting to cause fear. The theory of reasonability means that if anyone else were under the same conditions, they would likewise feel threatened and fearful.
The Intent Requirement
To prove that someone perpetrated you have to be able to prove that they intentionally either meant to actually harm or threatened to harm you.
If it is just a perception that you have, then they likely can’t be charged with assault. For someone to face assault and battery charges, you have to prove that they had the intent of causing harm or of threatening you.
For a Battery Charge there Needs to be an act
For someone to be charged with assault and battery, there needs to be an actual act of battery or harm. It isn’t enough for someone to threaten you or to make you fearful. Battery involves someone overtly acting in a way designed to harm you.
There needs to be a physical altercation of some sort that goes beyond just threats or intimidation. To have someone charged with assault and battery the components that need to be in place are that you felt fear and that the other person harmed you physically.
If you can’t prove both components, then the other person is not likely to be charged with assault.
If you Have Been Charged with Assault and Battery?
There are many things that need to be proven. It isn’t enough to make someone feel threatened or intimidated; to be charged with assault, there needs to be a physical action that not just intimidates but harms another individual.
\To minimize any potential fallout that can come from being found guilty of assault, and to prove your innocence in court, it is essential that you hire an assault attorney in Queens to plead your case.
They will work either to have the charges thrown out or to plea bargain for a lesser charge. Since most assault and domestic assault cases have an underlying reason, make sure to protect yourself from the consequences of being found guilty.