Criminal charges involving harm to another party are particularly serious. If charged with hurting or trying to hurt another person, the penalties against you could be steep. Assault and battery are criminal charges that pertain to causing harm or attempting to cause harm to someone else. While they often go together, they are technically separate criminal charges.
Assault and battery charges often result from incidents that involve hitting someone else, threating to harm someone else, fighting and more. There is also the possibility of aggravated assault charges that can happen when an incident is particularly serious or involves a weapon. Charges of any type of violent crime can have a serious impact on your future, and you would be wise to fight these allegations with a strong defense strategy.
The difference between the charges
The main differences between assault and battery involve intent and action. Assault happens when there is an attempt to cause harm to someone else or the threat of causing harm. Battery involves actual physical contact during which one person causes harm to another. It may be helpful to consider the following:
- In order to charge someone with assault, there must be evidence of intent to cause harm, even if there was no contact. This may include doing something overt in order to cause fear.
- It is difficult to prove someone’s intention beyond a reasonable doubt, and for this reason, it can be complicated to prove assault charges.
- Battery includes intentional offensive contact, such as unwanted or harmful touching without having the permission of the victim.
- There does not necessarily have to be proof of intent in order to charge someone with battery.
Assault charges can also impact other types of cases with which you may be involved. For example, the other parent may use these charges against you in a child custody or visitation dispute. In immigration cases, an assault charge could result in deportation.
A strong defense starts now
If facing assault charges, you may find it beneficial to work with an experienced Texas defense attorney from the earliest stages of your case. A strategic defense allows you to effectively confront the case against you and actively protect your future interests. There is a lot on the line for you, but with the right help, you may be able to mitigate the penalties you are up against.