Assault and battery are two of the most common criminal charges brought in the United States. These charges, while frequently used interchangeably, have distinct legal meanings and are often associated with varying degrees of punishment. If you find yourself facing either, or both, of these charges, it’s essential to know which assault and battery defense to present at trial. It’s also important to know what each charge entails and the potential consequences you could face if convicted.
In this blog post, we’ll break down the key elements of assault and battery, explore the differences between them, and review the various defenses which may be available to those accused of these crimes.
What is Assault?
Assault is generally defined as the intentional creation of a fear or apprehension of imminent harmful or offensive contact. While it does not require physical contact, it involves the victim believing that they are about to be injured. In other words, an assault charge is based on the threat of harm, even if no actual harm occurs. Examples of assault might include:
- Raising a fist and threatening to hit someone.
- Pointing a gun at someone in a threatening manner, even if it’s not loaded.
What is Battery?
Battery, on the other hand, is the unlawful and intentional physical contact with a person without their consent. This contact can be anything from a slap to a more severe act, such as hitting, pushing, or kicking someone. The key element of battery is that it involves actual physical contact. Examples of battery might include:
- Punching someone in the face.
- Kicking someone during an argument.
What is the Difference Between Assault and Battery?
The primary difference between assault and battery lies in whether physical contact is involved. Assault refers to the threat of harm or offensive contact, while battery involves actual physical contact. A person can be charged with both assault and battery if they threaten harm and then proceed to carry out that threat through physical violence.
For example, if an individual threatens to punch someone (assault), but then actually strikes them (battery), the person could face both assault and battery charges.
Consider Severity When Choosing an Assault and Battery Defense
The severity of assault and battery charges varies depending on the circumstances and the laws in your state. In general, these offenses can be classified into different degrees, with higher degrees carrying more severe penalties. Below are the common degrees:
The Degrees of Assault
- Simple Assault: This is the most basic form of assault, often involving a minor threat of harm without the use of a weapon or the intent to cause significant injury.
- Aggravated Assault: This is a more severe form of assault that involves an attack with a weapon or an attempt to cause serious injury. This offense is often charged when there is a high risk of harm or the use of a dangerous instrument (like a firearm or knife).
The Degrees of Battery
- Simple Battery: Simple battery typically involves minor physical contact, such as pushing or slapping someone without causing significant injury.
- Aggravated Battery: Aggravated battery occurs when the physical contact causes serious injury or involves the use of a weapon. This can result in significant charges, as it involves harm that goes beyond a simple altercation.
Consider Penalties When Weighing Your Assault and Battery Defense
The consequences for assault and battery charges vary depending on the severity of the offense, whether the accused has a criminal record, and the state in which the crime was committed. Below are some of the potential legal penalties:
- Simple Assault: The penalty for simple assault can range from a misdemeanor with a fine and/or probation to a few months in jail.
- Aggravated Assault: This is usually classified as a felony, and a conviction can lead to several years in prison, large fines, and other long-term consequences.
- Simple Battery: A misdemeanor charge for simple battery can lead to up to one year in jail and/or a fine. It may also include probation or mandatory counseling.
- Aggravated Battery: Convictions for aggravated battery can carry long prison sentences, ranging from several years to life in prison, depending on the severity of the injury and whether a weapon was used.
In addition to criminal penalties, a conviction for assault or battery may also result in civil suits from the victim, seeking compensation for medical bills, pain and suffering, lost wages, and other damages. It’s important to weigh these consequences to help with decision making should the defendant be offered a favorable plea agreement.
How to Defend Assault and Battery Charges
When charged with assault and battery, you have the right to present an assault and battery defense to protect yourself from the conviction. Several defenses may apply depending on the circumstances of the case. Here are some of the most common assault and battery defenses associated to these type of charges:
1. Self-Defense
The most commonly asserted assault and battery defense is one of self-defense. If you were acting to protect yourself or others from immediate harm, the law allows you to use reasonable force to defend yourself. For example, if someone attacks you with a weapon and you use force to protect yourself, it may be justified as self-defense. Key considerations for a self-defense argument include:
- The threat must be immediate.
- The response must be proportional to the threat.
- You must not have provoked the confrontation.
2. Defense of Others
Another common assault and battery defense is the defense of others. Similar to self-defense, the defense of others allows you to use reasonable force to protect someone else from harm. If you intervene to stop someone from being attacked or hurt, your actions may be justified under the law, provided that the force you used is not excessive for the situation.
3. Lack of Intent
In some cases, the prosecution must prove that the defendant had the intent to harm or threaten harm. If you acted without intent to cause harm, you might be able to argue that your actions were accidental. This could be a valid defense in cases where the physical contact was unintentional, or the victim misinterpreted your actions.
4. Consent
If the victim consented to the physical contact, you may be able to use consent as a defense. This often applies in situations where physical contact is expected, such as boxing or wrestling. However, consent does not provide a defense in cases where the contact was unreasonable or excessive.
5. False Accusation
Another assault and battery defense is that the accusations are false. Sometimes, individuals are falsely accused of assault or battery, particularly in domestic cases where some form of argument begins. In these situations, you can argue that the accusations are not true and present evidence to refute the victim’s claims. This might involve presenting an alibi, showing that the physical evidence does not support the victim’s story, or demonstrating that the assault never took place.
6. Mental Incompetence
In rare cases, the defendant may argue that they were mentally incompetent at the time of the offense. If the individual was unable to understand their actions due to a mental disorder or incapacity, they may not be criminally responsible for their behavior. However, this defense is not often successful and requires extensive psychological evaluation and evidence.
7. Provocation
Provocation refers to the argument that the victim’s actions or behavior incited the defendant’s response. In cases where the victim provoked the defendant, this can sometimes mitigate the severity of the charge or reduce the sentence. However, provocation cannot justify excessive force and is unlikely to be a valid defense in aggravated assault or battery cases.
My Final Thoughts
Assault and battery are serious criminal offenses that can result in significant legal consequences. Understanding the difference between these charges, the potential penalties, and available assault and battery defenses, will help you better navigate the criminal justice system if you’re ever faced with these charges.
If you or someone you know as been charged with assault or battery, it’s crucial to seek legal representation from a criminal defense attorney or, if acting pro se, thoroughly research the law yourself. A skilled lawyer will be able to assess the facts of your case, identify a realistic assault and battery defense, and fight to protect your rights.
If you, or someone you know, will be proceeding to trial, challenging a criminal sentence, pursuing post-conviction relief, or litigating a Civil Rights Section 1983 lawsuit, our books are crucial resources in the pursuit of justice. Purchase your copy today, or on behalf of someone incarcerated who may have seen our advertisement in Prison Legal News magazine.