While the potential penalties are the same, assault does not require evidence that you actually made contact with the alleged victim, whereas an assault and battery does require some form of contact. An assault occurs if you commit an act which reasonably places another person in imminent apprehension or fear of either harmful or offensive contact. For example, balling up your fist and raising it in the air as if to hit another person would be an assault, even if you did not actually hit that person.
If you did in fact strike the person, then you committed an assault and battery. An attempted battery is also an assault. If the shoe strikes the other person, then you've committed an assault and battery. If charges are filed, these cases very often rest solely on the testimony of the alleged victim, or complaining witness.
These cases require a thorough investigation and legal analysis. Do not discuss your case with law enforcement officials before first speaking to a skilled criminal defense attorney. Domestic assault and battery cases are also charged under their own statute, M. You may be charged under this statute if you and the alleged victim are or were, at some point, in one of the following "special relationships": Related by blood or marriage; living together; dating; have a child together.
If charged with a domestic assault or domestic assault and battery, DO NOT go to court with the alleged victim and try to have the case dropped without being represented by a lawyer.
The district attorneys in Massachusetts WILL NOT drop domestic assault and battery cases, and by speaking to them at all, you will likely incriminate yourself. It is not the victim's choice whether or not to pursue charges- it is the district attorney's office that will prosecute you.
A charge of domestic assault and battery may be proven even without the victim's testimony, if there is other evidence to substantiate the charge. Additionally, unlike with an ordinary assault and battery, the police are not required to summons you to a clerk's hearing, even if they did not personally witness the incident- the law provides them the power to arrest you on the spot for any domestic dispute.
If you are accused of domestic assault or domestic assault and battery, it is paramount that you speak to an experienced criminal defense attorney immediately to navigate the criminal process for you, and to make sure that your rights are protected.
At Urbelis Law, we have the experience, investigation team, and resources to provide the best defense possible, as is demonstrated by our record of success. In Massachusetts, underMGL c. The defense of this charge is very often fact-based. So if the public employee was off-duty, or was otherwise not specifically performing a duty as part of his or her job, then you cannot be convicted under this particular charge. This charge usually arises in the case of assault and battery on a police officer.
Any statements that you give them can potentially harm your case. If you are able to gather information regarding your case, it can significantly help. Your Charleston, SC, Assault and Battery attorney can use all the information you gathered to put together a solid defense. Any pictures, witnesses, and written details can be extremely beneficial, in addition to the resources that your Charleston, SC, Assault and Battery attorney will provide.
In South Carolina, an Assault and Battery committed against a family member or household member will fall under the charge of Domestic Violence, which is defined in the state as a physical assault, an attempted assault, or the threat of assault against a household member meaning a spouse or anyone with whom you now or previously lived or had a child.
Because physical assault means unwanted or sexually inappropriate touching, the state does not require actual injury. The state of South Carolina takes these charges very seriously and will often decide to prosecute, even when the victim of the alleged violence recants or refuses to testify.
You can be charged with Assault and Battery in the First Degree which is a felony offense if you injure another or attempt to injure another, and the assault involves touching private parts under or above clothing with lewd intent.
If the Assault and Battery happened during a robbery, burglary, kidnapping, or theft in South Carolina, that act would also be classified as Assault and Battery in the First Degree. Finally, if you intended to cause great bodily injury as opposed to actually causing injury as defined in ABHAN, you can be charged with Assault and Battery in the First Degree. If the person you injured suffers moderate bodily injury and needs surgery or treatment of his or her internal organs because of the injuries you caused, you can be charged with Assault and Battery in the Second Degree.
Also, threatening moderate bodily injury is cause for a Second-Degree charge. Nonconsensual touching of the private parts of another person either under or above clothing can also result in a Second-Degree charge and, if proven, conviction. Just like with Domestic Violence charges, an actual injury does not have to have occurred. If you attempted or intended to injure them or if the victim was fearful that you would injure them, then you can be charged with Assault and Battery.
There are many potential defenses to be used in these cases if you have an experienced, aggressive attorney who knows the law inside and out. Police officers and prosecutors can make mistakes, and sometimes those mistakes can result in dropped charges, if your attorney knows how to capitalize on them. Charges can also be dropped if you and your lawyer reach a plea deal to a lesser offense with the prosecutor in your case.
Furthermore, self-defense often can be utilized as an outright defense if the evidence supports it. Assault and Battery encompass a wide range of crimes, anything from a scrape to great bodily harm, a threat of violence to an injury that is likely to cause death. A person can be charged with Battery, Assault, or both.
An Assault happens when the offender intends to do harm to another person. Battery physical contact results in the unlawful touching of another person without their permission, and there is a likely possibility that the intended touching might cause injury.
In South Carolina, Assault and Battery is a serious felony charge. The degree of Assault, again, depends upon the severity of the injury. First Degree is a felony charge, while Second- and Third-Degree charges are categorized as misdemeanors.
Hire a criminal defense attorney in South Carolina the moment you are charged with Assault and Battery. It is important to remember that the law gives you both Constitutional and civil rights, which may protect you from a wrongful Assault and Battery charge if correctly applied by an attorney. Therefore, it is important to seek help from an experienced criminal defense attorney, who can help you throughout the criminal justice process and will give you the best chance at a good outcome.
If a sexual assault occurs and results in bodily harm, the crime is then charged as a Class A felony, which is punishable by up to life in prison without parole, or eligible for parole after 15 years have been served.
The penalties are lighter when bodily harm does not occur, but a person could still endure a life sentence without the possibility of parole until 10 years have been served. When is assault a felony? An assault can become a felony when a deadly weapon is involved and it becomes a Class B felony in Nevada. For example, property damages, medical bills, or counseling services.
Misdemeanors carry much lighter penalties than felonies in the state of Nevada. If your assault or battery crime is upgraded to a felony, you could face imprisonment, fines, and the consequences of a felony conviction on your permanent record.
With a felony, you will not be able to carry a firearm and you may have difficulty obtaining employment or even housing. There are many factors that contribute to if someone is charged with a misdemeanor or felony.
In a typical trial, the judge will consider the defenses presented and whether the defendant has taken responsibility for their actions. Additionally, in Nevada assault or battery on a police officer, judicial officer, firefighter, correction officer, or a certain state or civilian employee is knowingly using unlawful physical force.
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