‘Assault’ and ‘Battery’ are two punishable offenses that involve causing deliberate harm to another person. In some states, assault and battery are two separate crimes, while in others these two offenses are considered one and the same. Before we delve deeper, let’s take a look at the main difference between assault and battery:
Assault
These charges arise from a threat to harm an individual without any physical contact. For instance, attempting to strike an individual with an object or hand. In fact, it’s an intentional act that leads the other person to feel afraid of the situation. However, words alone cannot cause assault. Rather, if the offender causes the victim to believe that he is about to strike and injure, then the offender can be accused of assault.
Assault could also mean any type of sexual activity that an individual doesn’t provide any consent to. Unfortunately, in the United States, one in every three women is a victim of sexual assault and violence.
Battery
It’s a more substantial charge that results from the intentional use of force. Battery charges and penalties are based on the degree of harm inflicted upon an individual. In fact, the harm inflicted can be grouped into three different categories: simple, aggravated, and felony.
As these offenses are different, these have their own particular set of penalties. In the state of Alabama, ‘Assault and Battery’ are two separate but similar charges. As per the reports by The Statistical Portal, there were around 420 assaults per 100,000 citizens in the United States. Due to the complicated nature of both the charges, it’s crucial for the victim to seek the services of experienced legal professionals.
Defenses in Assault and Battery Charges
Self Defense: Self-defense is one of the most common defenses used in assault and battery cases. To validate and establish self-defense, the accused needs to prove:
- A threat of harm or use of unlawful force against them
- There was no reasonable chance of escaping the situation
- An honest fear of being harmed
Consent: It’s possible that the accused may say that the victim agreed to being hurt. Such instances mainly arise when the lawsuits involve sports, paintball-style games, and other similar activities.
Privilege: A law enforcement officer may assert defense of privilege. For instance, if the police officer injured someone when making an arrest, pursuing an assault and battery lawsuit won’t possibly be successful.
Serious Consequences of Battery and Assault Charges
Individuals who are charged with assault and battery can either face fines or imprisonment. In fact, penalties are usually stricter on individuals who have a criminal history. Given the serious nature of assault and battery, it’s always in your best interest to seek the assistance of an experienced attorney.
How Our Assault and Battery Attorneys in Montgomery Can Help
Any criminal charge for assault and battery can lead to heavy penalties in Montgomery. Our assault and battery attorneys in Montgomery at the Law Offices of Manley Traeger have years of experience and training in handling assault and battery cases. We work with a team of proficient paralegals, clerks and assistants to ensure that your case proceeds in the most suitable way. If you are a victim, you are entitled to recover compensatory and punitive damages.
Compensatory damages include lost wages, medical expenses, and any compensation for emotional distress. Punitive damages operate on a completely different level than compensatory damages. Punitive damages are intended to punish or discourage the defendant. In fact, punitive damages can be quite huge.