What is Criminal an Assault and Battery Charge
An assault and battery charge is when a person has any type of physical contact with another person without the other person’s permission. In most cases, the
battery charge is broken into three classifications that can and will determine the justice the court will proclaim. These classifications include the conduct of the person committing the crime, their mental state, and the extent of the harm of the other victim. You may not find these classifications or elements as they are called by some courts, written in the laws governing your state, but this it is recognized throughout every state as the best way in which to precede in a criminal assault and battery case.
A
criminal defense attorney will go over all the aspects of the criminal charges and plan a strategy that can help you plan a defense against these charges.
What was your conduct during the altercation? Conduct in an assault and battery charge can be anything from poisoning a person to failing to watch over them such as a lifeguard, from actually hitting a person to making a person touch something that is disgusting in their opinion. The reasons why the altercation occurred and your conduct during the crime has quite a bit to do with the outcome of your case.
The next classification is the mental state of the person that committed the
assault and battery charge. The jury will look at the intentions of the person on trial. Such as, did the injury occur due to intentional harm or was the mental state of the person causing harm actually protecting the victim, such as grabbing a person that walked out in front of car that subsequently resulted in a broken arm.
The extent of the injuries of the victim can be a huge aspect of the case. If the person were trying to protect the victim, the injuries would not be as major as they would be if the person were beaten.
A criminal attorney will be able to piece together the evidence, work with you, and represent you during your trial.