Our legal system considers a myriad of criminal offenses that are punishable not because they are offensive to just one victim but because they are perceived as wrong by society as a whole. Although there is no universal definition for a crime in the modern legal framework, there are certain clarities that help decide which crime should be considered more serious than others.
For example, physical acts of violence are considerably more serious crimes as compared to verbal threats. The former is identified as ‘Battery’ in the modern legal system, whereas the latter is considered as ‘Assault’.
In this article, we shall be focussing on just the battery charges. And subsequently, help you understand what should be your course of action if pressed with Battery charges.
Battery Charges vs Assault Charges: How they are different?
Threatening someone and carrying the ability to harm is considered as an assault under various jurisdictions. However, an assault shall be considered as a battery if only the act of harming someone by making physical contact is carried out. As opined in this article, https://www.belenlawfirm.com/blog/criminal-defense-attorney/difference-between-assault-and-battery/, battery charges require conscious intent of the convict to be proven. To put this into perspective, a person may be pressed with assault charges by simply threatening to kill or harm someone. Added to this statement is the ability of the convict to cause harm such as carrying a gun or a knife. Notably, the charges may still remain to be recognized as assault if the convict does not actually harm. Whereas if the person hits the victim with the butt of the gun or say a rod, simply, the charges may then escalate to a battery, and of course, the repercussions would also be more severe.
If you’ve already been accused of battery or know someone who has been charged with battery misdemeanor, there are certain things that can help soften the charges and subsequently the penalties.
A Criminal Defense Lawyer Is The Best Hope
Since the laws surrounding assault and battery charges are not quite clear, it is quite essential for a defendant to consult with an expert criminal defense attorney. It needs no saying that a professional such as a criminal defense attorney would be more familiar with the terms and outlines of such acts. That being said, they may help prove innocence, or at least, counter the plaintiff’s accusations, which could result in mild penalties or fines.
For example, physical violence might be carried out in self-defense which could soften the penalties and the charges on the convict. However, it would only be possible to understand the real case scenario with the help of an experienced person involved in the case- a criminal defense attorney.
Finding The Right Defense Attorney For Your Case
Without any doubt, you wouldn’t want to be resting your case with a novice lawyer. Therefore, finding a good attorney, rather a worthy attorney, to fight your case in the court should be your utmost priority. Evidently, finding the right attorney for your case is not as simple as it seems. There are a number of questions that you should ask yourself and the attorney before hiring them.
Question No. 1 How many years of experience do you have?
Of course, the attorney that you hire to represent your case in the court of law should have relevant experience and expertise. You cannot rely on a lawyer who is proficient in handling divorce cases to represent you case against battery charges. As simple as that, you should ask the attorney about their experience in the field and how did they perform in their previous cases.
Question No. 2 What would be possible outcomes?
While knowing the experience should offer you some level of confidence, you still would need more convincing. After all, it’s your life and your reputation at stake. Consider asking your attorney about the possible outcomes of the case. It is noteworthy that for your attorney to be able to offer you the possibilities with clarity, you must discuss your case with your attorney transparently.
Question No. 3 How much do you charge?
Most importantly, you need to ensure that you’re not spending a fortune to escape the penalties, which mostly include monetary fines. It is noteworthy at the same time that if you could escape the battery charges by not spending a lot more than your penalties and fines, it is a good deal. After all, your reputation is also at stake, and saving it should be your priority.
On this note, whether you’ve committed the crime consciously or unknowingly, having an experienced defense attorney on your side is the only formidable way you can help yourself.