What is Assault and Battery?
Assault and battery is the combination of two violent crimes: assault (the threat of violence) and battery (physical violence). This legal distinction exists only in jurisdictions that distinguish assault as threatened violence rather than actual violence.
Assault is an intentional act that causes a fear of imminent harmful or offensive touching. An assault can occur even if no physical contact occurs. Since the act must be intentional, an accidental action is not considered an assault.
Battery is an intentional physical contact or offensive touching, where the victim has not given their consent to be touched.
The victim of the assault and battery must also be placed in some kind of fear in which a reasonable person in the same circumstance would be in fear under the circumstances. The physical touching must be offensive to a reasonable person.
What are the consequences of an Assault and Battery conviction?
The penalties for assault and battery charges depend on whether you are charged with simple battery or aggravated battery. The penalty of assault and/or battery depends on the type of harm that was inflicted on the victim. The consequences for an assault and battery conviction may include having it on your record, fines, imprisonment, parole, probation, loss of the right to possess firearms, and loss of employment.
You may also be forced to pay for the victim’s physical injuries, out-of-pocket medical expenses, prescription drugs, expenses incurred for hospital visits, lost time from work, damages for pain, suffering, and emotional injuries.
What are some defenses to an Assault and Battery charge?
Possible defenses to an assault and battery charge include self-defense, defense of others, prevention of a crime, defense of property, lack of intent (an accident), and lack of mental capacity.
Contacting a criminal defense lawyer in Los Angeles
If you are accused of an assault and battery, you should contact Ken Behzadi immediately to learn more about your rights, your defenses, and the legal system process.