Criminal Law

Criminal Defense: Talking About Assault and Battery

Posted by on Jan 22, 2015 in Criminal Law | 0 comments

One of the most common legal threats presented is that of ‘assault and battery’ or, simply, assault. There is a definite misunderstanding with the legal term because these are two separate legal implications in and of themselves; any one person can be charged with either assault or battery, sometimes both. Assault is the threat of violent action against another natural or juridical person, paired with the show of physical evidence that the person is capable of carrying this threat out. Battery involves actual physical violence against another party.

However, a Collin County defense attorney could argue many points in the defense of the accused. After all, ‘assault and battery’ can be considered a blanket terminology, which is to say that there could be several legal stipulations beneath the term that could come into play. There are also several points that could be argued in the defense of the accused. If, for example, the accused and the defendant had both given their consent for physical contact (e.g. if both parties are participants in some sort of athletic activity such as martial arts, basketball, or rugby), then the defense of consent could be played into court. There are more than just this defense available but it is not the responsibility of the accused to determine what defense against violent crimes is best used in the court of law; that decision is to be made by legal experts on board with the case.

There are many legal consequences that could come from even the accusation of ‘assault and battery’, much more a conviction in a court of law. Not only do charges of this nature usually come with fines, imprisonment sentence, or both; this can also affect the opportunities left available for the accused and the accused’s family for the rest of their lives for this will be on record and presents a negative stigma in today’s society.

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