Assault and battery are serious crimes. Many confuse the two and use the terms interchangeably; however, there are differences. An accusation of assault or battery is a major offense that you don’t want to take lightly.
If you have been wrongfully accused of a criminal offense, don’t take your innocence for granted and consult an aggravated assault lawyer in Tampa, one who not only understands the law with regard to assault and battery but one who has a track record of successfully defending clients. This section and part two will discuss the difference between assault and battery as well as the possible defenses a defendant might be able to use to have the charges dropped.
The Difference Between Assault and Battery
The main difference between assault and battery is that assault involves the threat of harm while battery involves actual harm.
An Assault occurs when an individual intentionally threatens (verbally or physically) to harm another person causing that person to feel that they are in danger. For example, during an altercation, an individual attempts to punch the victim but misses.
A Battery takes place when an individual actually acts on a threat and physically touches or strikes another person, which causes the victim bodily harm.
Assault and battery can go a step further when a weapon is involved. If an individual points a gun at someone threatening to shoot them, this is considered aggravated assault. If the individual with the gun actually shoots the victim and injures the victim, this is considered aggravated battery. Each has its own set of penalties if the accused person is found guilty of either crime, which is why an aggravated assault attorney in Tampa is vital to your case.
A person can claim self-defense if they were protecting themselves from an alleged victim. If you get into an altercation with someone who has attacked you in a fit of rage or they happened to be under the influence of drugs or alcohol, or they aren’t mentally stable, then you have a right to defend yourself. Even if you initiated the altercation but as a means to protect yourself, an expert aggravated assault attorney in Tampa can help you prove that you acted purely in self-defense to get the charges dropped or reduced.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.