ASSAULT AND BATTERY

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Battery is the unlawful application of physical force to another; assault is an attempt to commit battery or an act that may reasonably cause fear of imminent battery. With manslaughter and murder, these concepts are articulated to protect against rude and undesired physical contact or the threat of it. Battery requires no minimum degree of force, nor does it need to be applied directly; administering poison and transmitting a disease may both be battery. Accidents and ordinary negligence are not, nor is reasonable force used in the performance of duty (e.g., by a police officer).

Negligence is the failure to exercise the degree of care expected of a person of ordinary prudence in protecting others from a risk of harm.

It may render one civilly and sometimes criminally liable for resulting injuries. The doctrine of negligence does not require the elimination of all risk, but rather only foreseeable and unreasonable risk. Thus a higher standard applies to explosives manufacturers than to manufacturers of kitchen matches. The plaintiff must ordinarily prove the defendant's negligence with a preponderance of evidence.

If you or someone you know is being accused of assault and/or battery, you or that person may be potentially facing:

Probation
Incarceration
Parole
Court enforced counseling (e.g. anger management classes)
Other sentences and/or fines

The outcome of your case will depend not only on the legal ability of your attorney but also on external factors such us your criminal record (prior convictions), current criminal status (parole or probation), and the jury feelings and thoughts towards these types of crimes among many others.

On the other hand, important factors such as insufficient evidence or claiming insanity might be part of an effective criminal defense strategy.

Since the outcome of assault and battery related cases could be life changing, choosing an attorney requires you to be well informed and advised. To help you make the right decision, our service can provide you with important background information that includes attorney's ratings, records, and certifications.

We can refer you to a pre-screened criminal defense attorney with experience in assault and battery related cases. If you already have a criminal lawyer in mind click here for a complimentary criminal attorney background check.

This web site is been designed to provide educational information only and is not intended to offer legal advice. Every case is unique and outcomes will vary depending upon the facts and legal issues of your case. Please do not make any decisions about any legal matter without consulting with an attorney first. There is no Attorney-Client relationship formed by any use of the information provided. For more information please read our disclaimer.