Assault and Battery Laws
Most assault and battery charges are due to a heated disagreement that leads to a physical fight, even a minor one. Any or public brawl will lead to an assault and battery arrest. However, the assault laws of all states are broad enough to include a wide range of scenarios.
Even if you didn’t start a fight, you can often be charged with an assault and battery offense. Just defending yourself from an attacker may lead to a criminal charge.
If you get in a fight that was “mutual”, but you end up causing a more serious injury to the other person, you will likely be the one charged. If the police can’t sort it out, they will usually either arrest both people or everyone involved, or just arrest the person that appeared to do more damage. If the other person got the worst of it, you’ll be the one charged, regardless of how it actually happened. Being bigger or tougher can work against you with the police.
You can even be charged with simple assault without even hitting or striking the person. If you take a swing at someone or throw something, that can be assault. If you throw something very light, that wouldn’t cause any damage even if it hit them, like a wicker basket or a banana, that still counts.
If you spit at someone or get hit them with any kind of fluid, that will be an assault charge also. Even if you miss, and there was no harm done!
Or if you lose your temper, and throw something, you can be arrested for assault. Threats can also count as assault. If the other person claims you threatened violence, you can be arrested and charged.
Threats can also count as assault. If the other person claims you threatened violence, you can be arrested and charged.
As you can see, there is an incredibly wide variety of ways to get charged with this offense. It can be considered a catch-all for police to end public confrontations, regardless or how serious the incident really was.
I Was Charged With Assault and Battery? What Should I do Next?
The bottom line is, whatever happened to you, happened.
- If you made a mistake and lost your temper, and feel bad about it, we can work to fix your legal problem with the minimum damage possible.
- If you are being treated unfairly or falsely accused, we will fight for your rights and for the truth.
Either way, you need an aggressive defense lawyer on your side to make sure your rights are protected, and you are treated fairly in court.
The goal of any assault and battery defense is to avoid serious penalties like jail time and also, work to keep your criminal record clean so that no future background check causes problems for your future opportunities.
Please call us to speak to a criminal defense lawyer in your area for a free consultation. There is no obligation!