Prominent State & Federal Criminal Defense Law Firm
Assault and battery are specific crimes related to committing an act of violence against another person. At Grace, Tisdale & Clifton, our assault and battery lawyers in Winston-Salem have more than 150 years of combined experience.
In most situations, assault and battery is a Class 2 misdemeanor. Depending on the situation and any prior criminal record, a conviction can result in probation, a jail sentence of one to sixty days, and a fine of up to $1,000. However, there are situations that may result in charges being elevated to a more serious misdemeanor or felony, and risking a more severe punishment. It is important to consult with an experienced criminal defense attorney about your specific situation.
More serious offenses that may result in elevated charges include:
Assault and battery resulting in serious injury
Sexual battery
Domestic violence
Use of a deadly weapon
In addition, charges may be elevated for offenses committed against particular victims. This includes women; children over the age of 12; public, private, or charter school employees; sports officials; and state employees or officers acting in an official capacity.
Types of Assault and Battery Charges
Simple Assault Simple assault occurs when an individual threatens harm or attempts to cause harm to another person but does not actually make physical contact. It is typically considered a misdemeanor. Common examples include:
Threatening to punch someone.
Swinging a fist at someone but missing.
Pushing or shoving someone without causing injury.
Aggravated Assault Aggravated assault is a more serious charge than simple assault. It involves the use of a weapon or an action that results in serious injury. Common factors that can elevate assault to aggravated assault include:
Using a weapon (e.g., gun, knife).
Causing significant injury to the victim.
Assaulting certain protected individuals (e.g., law enforcement officers, public workers).
Battery Battery is defined as the intentional and unlawful physical contact with another person that results in harm or offensive touching. Unlike assault, battery involves actual physical contact, such as:
Punching, slapping, or kicking someone.
Spitting on another person.
Shoving or pushing someone into something that causes injury.
Common Defenses for Assault & Battery Charges
Self-Defense In many assault and battery cases, defendants claim they were acting in self-defense. This defense is valid if the defendant can prove:
They were in immediate danger of harm.
They used reasonable force to protect themselves.
Defense of Others Similar to self-defense, this defense is used when someone uses force to protect another person from harm. The key is that the force used must be reasonable and necessary to protect the other individual.
Lack of Intent For a battery charge, the prosecution must prove that the defendant intentionally caused harm. If the defendant can show the harm was unintentional or accidental, this could be a valid defense.
False Allegations Sometimes, assault and battery charges are based on misunderstandings or false accusations. A defense attorney may gather evidence to prove the defendant’s innocence, such as alibis or witness testimony.
How a Criminal Defense Lawyer Can Help
Investigation and Case Evaluation An experienced defense attorney will thoroughly investigate the case, examining evidence, talking to witnesses, and reviewing any available video footage. This helps determine the best defense strategy.
Negotiating Plea Deals A skilled attorney may negotiate with the prosecution to secure a plea deal, potentially reducing the charges or recommending a lighter sentence.
Trial Preparation If the case goes to trial, your lawyer will prepare by gathering evidence, interviewing witnesses, and developing a strong defense strategy. They will ensure that you are fully prepared for every stage of the trial process.
A criminal defense attorney is crucial in protecting your rights and securing the best possible outcome for your case. If you’ve been charged with assault or battery, it’s essential to have a knowledgeable lawyer by your side to help navigate the complexities of the legal system.
Frequently Asked Questions (FAQ)
Can I be charged with assault and battery even if I didn’t actually hit anyone? Yes, you can be charged with assault even if you didn’t make physical contact with the victim. If you threaten someone with harm or try to strike them but miss, it could still be considered assault. Battery, however, requires actual physical contact.
What’s the difference between assault and battery? Assault is the threat or attempt to cause harm to another person, while battery involves actual physical contact and harm. You can be charged with one or both, depending on the circumstances of the incident.
What should I do if I’ve been accused of assault or battery? If you’ve been accused of assault or battery, the first thing you should do is contact an experienced criminal defense lawyer. Do not discuss the details of the case with anyone except your attorney. They will help guide you through the legal process and protect your rights.
How does a prior criminal record affect my assault or battery case? If you have a prior criminal record, it may influence the outcome of your case. A history of violent crimes or similar charges could lead to harsher penalties if convicted. However, an attorney can work to reduce the charges or advocate for a more lenient sentence.
Can I face felony charges for assault or battery? Yes, in certain situations, assault and battery charges can be elevated to felony offenses. For example, if the assault results in serious injury, if a deadly weapon was involved, or if the victim is a protected person (such as a police officer), the charges could be upgraded to a felony.
What happens if I plead guilty to assault or battery charges? If you plead guilty, you may face penalties such as probation, fines, or jail time, depending on the severity of the charges and your criminal history. It’s essential to discuss your options with a defense attorney to determine if pleading guilty is in your best interest.
Can I get my assault or battery charges reduced or dismissed? It’s possible to have charges reduced or dismissed, but it depends on the circumstances of the case. A defense attorney may be able to negotiate with the prosecution for a lesser charge or work to have the charges dropped if there is insufficient evidence.
Discuss Your Case with an Experienced Defense Lawyer
Getting reliable legal advice early on can have a significant impact on the outcome of your case. Our assault and battery attorneys in Winston-Salem guide criminal defendants throughout the entire legal process. Contact us as soon as you are charged to maximize the time your defense team has to investigate the case, protect you from harassment from law enforcement, and prepare a strong defense.
