Assault and Battery Charges Defense Attorney in Philadelphia, PA
On a superficial level, assault and battery charges are overrated matters, questions of right and wrong that invite lawyers and judges to apply the basics. But there is more to it than meets the eye. Assault and battery charges are complex areas in the law as both involve a wide range of factors that may count for or against you.
What is an Assault and Battery Crime?
Assault and battery charges are serious crimes in the United States. Assault is defined as intentionally placing a person in reasonable fear of harm. The battery is defined as intentionally touching another person against their will. Assault and battery are often charged together, but they are two separate crimes. You can be charged with one without the other, depending on the circumstances of your case.
Types of Assault and Battery Charges
There are two main types of assault and battery charges in the United States:
- Simple Assault. This is when an individual threatens to harm another person but does not come into contact with them. For example, if someone says, “I’ll beat you up if you don’t give me your money,” that would be considered simple assault because they did not actually hit the victim. In this case, they are only guilty of making a threat to commit violence against a person or property. Simple assault is usually a misdemeanor, although it can be charged as a felony if there is a weapon involved or if the victim was pregnant at the time of the assault.
- Aggravated Assault. Aggravated assault occurs when someone uses or attempts to use force against another individual, causing serious bodily injury or attempting to cause death or great bodily harm while using a deadly weapon such as a gun or knife. An aggravated assault charge can also be brought against someone who knows that another person has a mental disability and still commits an assault against them, knowing that they were likely to suffer serious injury due to their actions. The penalties for this offense vary depending on whether it is charged as a felony or a misdemeanor.
Defenses to Assault and Battery Charges
There are several defenses available to someone facing assault or battery charges. These include:
- Self-defense. If you are defending yourself from an attack or imminent threat of harm, you can use force against another person. The type of force used must be reasonable under the circumstances, but this applies to both parties involved in an altercation. If someone is attacking you with the intent to cause great bodily injury or death, it is reasonable for you to defend yourself by striking them with a fist or kicking them in the shins.
- Defense of property. This applies when someone uses force against another person who has entered their home or car without permission or who has damaged their property. For example, if someone breaks into your house, it is perfectly legal to use force to defend yourself against them.
- Defense of others. This applies when someone uses force against another person in order to protect someone else who was being attacked or injured by that person. The defender must reasonably believe that it was necessary to use force in this way. This includes cases where someone threatens to hurt a family member or loved one if they do not do what they want them to do, such as giving them money.
- Consent. Consent is a common defense to assault and battery charges. Consent means that the victim consented to being hit or to the other person touching them in any way. For example, you are walking down the street, and your friend runs up behind you and hits you on the head as hard as he can. You fall to the ground in pain, but once you get up and turn around, your friend starts laughing hysterically and tells you that it was just a joke. This may be considered a crime as it involves non-consensual touch and pain.
The penalties for these crimes vary from state to state, but they usually include incarceration, fines, and mandatory anger management classes for offenders. If you have been charged with assault and battery in the United States, you need to contact our attorney immediately who can help you defend yourself against these charges.
Contact the Brookman Law Group—We Can Help
Protect your freedom today by contacting the Brookman Law group. Our team of professionals, led by our Founder and Principal, Robert Brookman, will defend you against assault and battery charges. You can call us at (267) 415-4623 or contact us online to schedule a free consultation.