Assault and Battery
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Assault and battery are two separate offenses against a person that, when used in one expression, may be defined as any unlawful and unpermitted touching of another person. Assault and battery cases are known as “intentional torts.”
Assault is an act that creates fear in another of an imminent, harmful, or offensive contact. Assault usually consists of a threat or harm accompanied by the ability to carry out the threat.
Battery is harmful or offensive touching of another.
The main distinction between assault and battery offenses is the existence or nonexistence of touching or contact. While contact is the essential element of battery, there must be an absence of contact for assault.
We handle domestic assault and battery cases as well as regular assault and battery cases.
Domestic assault and battery may sometimes occur during divorce proceedings, custody disputes or the break up stages of relationships. Domestic assault and battery may lead to potential jail time, restrictive probation terms, attendance at anger management programs, or a certified batter’s program.
Most assault and battery charges are due to physical fights or brawls, but you can be charged with assault and battery even if you didn’t initiate the argument and you were simply defending yourself from an attacker. If you get into a “mutual” fight, but end up causing more serious injuries than other involved parties, you may also be charged with assault and battery. You can be charged with assault and battery regardless of whether you hit or struck the other person.
If you or someone you know has been charged with assault and battery, Attorney Luzzo can help you. If you or someone you know has been charged with domestic assault and battery, he can also help. We will work with you to fight for your rights and make sure you are treated fairly in court.