Were you involved in a fight and subsequently charged with assault or battery? Perhaps you were fighting in self-defense or fighting in order to protect another from harm. For example, perhaps a stranger approached you, started shouting obscenities at you and threatening to use force against you while shaking his fists. You were cornered and in your escape, you hit the stranger in order to get by him. In this example, you were acting in self-defense. On the other hand, perhaps you were walking out of a bar and saw your friend in a struggle with a stranger. The fight was quickly escalating and when you saw the stranger pull out a knife, you lunged at the stranger and made physical contact in order to pull the knife away from the stranger. In this example, you were acting in the defense of another.
Assault and battery are perhaps two of the most recognized criminal offenses and often the two are linked together. Assaults and batteries frequently take place in bars or nightclubs. But, there is a key difference between assault and battery: assault involves the apprehension of an immediate physical contact while battery involves the actual physical contact. Generally, assault is defined as the creation of an immediate apprehension in the mind of another by a wrongdoer. Battery is generally defined as the unlawful application of force to another.
Punishment for the criminal offenses of assault and battery can carry fines and/or imprisonment. You may also have to pay damages to the other party if you are found guilty of assault or battery. The penalties for such crimes depend upon the severity of the act, the person injured, the criminal record of the offender, and whether a weapon was involved.
In a crowded nightclub, one could easily become involved in a bar fight. But the criminal offenses of assault and battery can occur anywhere. You could find yourself in a situation involving assault or battery while you are walking home from work or even where you are sitting on a park bench waiting for a ride. No matter where you are, just remember Daniel Selwa. Daniel Selwa is a local criminal defense attorney who has a lot of experience fighting assault and battery charges and successfully winning those cases. Contact him today for a consultation.