Assault & Battery

Assault & Batter Definitions

Some people often make the misconception that the terms “assault” and “battery” are interchangeable. While the terms are regularly used in conjunction, assault & battery are in fact very different charges.

By definition, “assault” is an act of threatening harm to someone by speech or motion and actually possessing the means to do so. So basically, if a victim is being threatened by someone that is waving a baseball bat and telling them “I’m going to hit you with this bat”, that’s assault. It’s when the assailant actually follows through with the threat that it becomes “battery”. Battery is the harmful offense of touching the victim.

Assault & Battery can be classified as offenses in both Criminal Law and Tort Law, which means they can result in either a criminal suit or a civil liability case.

Assault & Battery Case Details

In order to have an effective assault & battery case, “intent” must be proven. There are some exceptions to this rule, but you’ll have to speak with an attorney to see if those exceptions apply to your case.

Punishment for assault & battery charges can be severe, depending on circumstances. If the ruling dips in favor of the victim, the accused is required to pay for whatever damages may have been incurred. If the subject is found to be criminally liable, the punishment might entail more than a fine, and can result in serving a prison sentence.

Laws pertaining to how long a prison sentence might last differ depending on which jurisdiction your case falls under. This is why a local assault & battery attorney will usually end up being more effective than other lawyers, because they are familiar with local laws.

Get in touch with a Fitzpatrick & Harrop criminal attorney right now by calling 312-553-2200 or by filling out our contact form. Being violated physically or being emotionally compromised is a serious business. If you’ve been injured, you deserve compensation and those responsible deserve to be punished. Reach out to us today and let us help you get past your damaging experience.