Assault and Battery Defense Attorney

An “assault” is an overt act intended to do bodily harm to another together with the present ability to cause such harm.  It is also an overt act intended to place a person in fear or apprehension of bodily harm that creates in him a reasonable fear or apprehension.A “battery” is the willful touching of another, without legal excuse or justification, done in an angry, rude, insulting, or vengeful manner.

The more violent the assault and battery, the worse the potential punishment.  At some point, an assault can be “murder,” punishable by death or “malicious wounding,” punishable by up to 20 years in prison or 5 years in prison, depending upon the severity  At a minimum, Assault and Battery is a Class 1 misdemeanor, punishable by a jail sentence of up to 12 months and a fine of up to $2,500.00.

In addition, there is a special class of cases involving family members — Assault and Battery Against a Family or Household Member — which could affect one’s civil rights in ways much different than ordinary Assault and Battery.  Also, there are special punishments that apply depending on the identity of the alleged victim.  For example, if one is convicted of Assault on a Law Enforcement Officer, the punishment includes a mandatory minimum prison sentence of at least 6 months.

As one can imagine, assault and battery charges are some of the most difficult to navigate through the legal system. The statues are vague, confusing, and open to liberal interpretation. These are very “fact specific” cases.  That is why, if you are charged with assault and battery, your first and most important priority should be to contact an assault defense attorney, such as one from May Law.