Assault and Battery are two separate, but related crimes. They can be charged as misdemeanors or felonies depending of the facts and severity of injuries. A conviction for assault and/or battery can result in jail/prison, probation, heavy fines, and the loss of the right to own a weapon.
Battery is defined as “the unwelcome or unwanted touching of a person.” The touching must be done on purpose and without consent of the affected person. Typically, the contact is violent and/or forceful and considered offensive. Typical battery cases involve domestic disputes or bar fights.
Assault is defined as “the imminent apprehension of immediate harm.” Assault does not require any actual contact or physical harm, just the threat of harm. Typical assault cases consist of criminal threats or fights.
Why Hire the Mortlock Law Group?
When police investigate an assault and battery incident, they try to determine who the aggressor is in the fight. They look to statements of the parties, independent witnesses and physical evidence (the injuries of the parties involved). Many times it comes down to the credibility of the two parties.
It is important to retain a San Diego assault and battery attorney to combat the police assumptions and biases he/she may have. In addition, a good San Diego assault and battery lawyer can raise defenses, such as self defense and defense of others.
If you have been charged with assault and battery, please contact the North County San Diego assault and battery attorneys of Mortlock Law Group for a free consultation.