Did you know that assault and battery are two different crimes? Battery is a criminal act that is often described as including physical contact. Assault is different because it can include threats of harm as well as attempted battery.
It’s important to understand the distinction between these two kinds of crimes, because you may be charged with one or both depending on the circumstances. In either case, you deserve a strong defense to help you protect yourself against the possible penalties.
What is an example of attempted battery?
A good example of attempted battery is if someone points a gun at another person. If that person indicates that they are ready to shoot the gun or goes as far as to pull the trigger, this sets the scene for a number of different crimes.
If the gun malfunctions, this person may have committed attempted battery. Simple threats might still fall under assault, but pulling the trigger may push it into battery or even another category.
An attempted assault doesn’t require physical touch in any way. Simply threatening harm could be enough to constitute assault if the person was in fear of their life or health. This distinction is essential to understand, since it can make a major difference in the charges and penalties.
What do you need to do if you’re accused of assault or battery?
Your best option is always going to be to build a defense after learning more about your legal rights. Whether you believe the charges against you are fair or not, it is necessary for you to put together a defense to protect your rights. If you don’t have a defense in place, it may be much easier for the prosecuting attorney to obtain a conviction.
There are all kinds of situations that can lead to false allegations or claims against you that simply are not true. It’s your right to look into your options and to build a defense that can help you minimize the risk of a criminal conviction. This is a difficult position to be in, but you may be able to successfully defend yourself with the right help.