Cheatham County Assault & Battery Attorneys
If you have been harmed by another person's violent behavior, you may be able to seek justice through the legal system. At Crabtree Law Firm, LLC, our Cheatham County assault lawyers can help you navigate the legal system and obtain the compensation you deserve.
What Is Assault & Battery?
Assault & battery is a crime committed when a person intentionally and knowingly causes another person to reasonably fear bodily harm or the commission of a violent crime. The resulting fear and anxiety are considered to be assault, and the act of touching another person without their consent is considered to be battery.
Assault & battery is often committed with the use of a weapon, such as a gun or knife. It may also be committed through the use of physical force, such as hitting, kicking, or shoving someone. In some cases, assault & battery may be committed in the form of non-physical threats, such as making a death threat or a threat to harm someone's property. Regardless of the form it takes, assault & battery is a criminal offense.
What Are the Penalties for Assault & Battery?
The penalties for assault & battery vary widely depending on the circumstances of the case. In general, however, a person who has been convicted of assault & battery may be subject to fines and/or imprisonment.
A person convicted of battery will typically face a fine of up to $500 and/or imprisonment for up to six months.
The penalties for assault & battery may be increased if the victim was a member of a protected class, such as a police officer or a child under the age of 12. In these cases, the penalties may be increased to a fine of up to $1,000 and/or imprisonment for up to one year.
What Is the Difference Between Assault & Battery?
Assault and battery are often used interchangeably to describe a single violent incident. However, these two offenses are distinct criminal charges that are brought against a defendant in separate criminal complaints.
- Assault is defined as intentionally putting another person in reasonable fear of bodily harm.
- Battery is defined as intentionally touching another person without their consent.
To prove that a person has committed assault, the prosecution will need to show that the victim was placed in fear of imminent bodily harm. To prove that a person has committed battery, the prosecution will need to show that the victim was touched without their consent.
Who Is Liable for Assault & Battery?
In most cases, both the perpetrator and the victim are liable for assault & battery. This is because both parties are responsible for their own actions and the actions of those around them.
- The perpetrator is liable for assault if they intentionally put another person in reasonable fear of bodily harm.
- The victim is liable for battery if they did not consent to being touched.
- The victim and the perpetrator are both liable for assault & battery if the victim was put in fear of bodily harm and the victim consented to being touched, but the perpetrator touched them anyway.
What Are the Possible Defenses for Assault & Battery?
There are several possible defenses to an assault & battery charge, including self-defense, defense of others, and defense of property.
- A person may use self-defense to defend themselves against an assault charge if they reasonably believed that they were in danger of being harmed.
- A person may use the defense of others if they reasonably believed that they needed to defend another person from being harmed.
- A person may use the defense of property if they reasonably believed that they needed to use force to protect their own property.
How Do I File a Criminal Charge?
If you have been the victim of an assault or battery, you may be able to file a criminal charge against the perpetrator. You may be able to file a criminal charge on your own, or you may need to hire a private attorney to help you.
You may be able to file a criminal charge on your own if the assault or battery occurred in your home and you were the victim of criminal trespassing.
If the assault or battery occurred in a public place or in your car, you will likely need to hire an attorney to help you with the criminal charge. If you hire an attorney to help you with the criminal charge, you will not be responsible for any legal fees.
You will likely need to hire an attorney to help you with a criminal charge if the assault or battery occurred in a public place or in your car.
Why Hire Our Firm?
Our team at Crabtree Law Firm, LLC, can help you determine whether you should file a criminal charge against the perpetrator. If you decide to file a criminal charge, we can also represent you in court. In many cases, our attorneys are able to negotiate a favorable plea bargain that allows our clients to avoid a criminal conviction and the associated penalties.
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