‘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:
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.