June 15, 2017 | General |

Assault VS Battery – Know The Difference

When most people think of assault and battery charges, they often think of a physical altercation. While these charges usually go hand-in-hand, it is actually possible to commit assault without committing battery. If you are facing these charges, it is important to know the difference between the two. In general, battery requires actual physical contact while assault only requires the threat of violence.

If the court has charged with assault and battery, it is important to remember that you have rights and options. An experienced criminal defense attorney in the Overland Park area can help you fight against these charges. Read further to find out more about the difference between assault and battery.

Assault – the basics

Most courts define assault as an attempt to injury another individual, making threats, or behaving in such a way that the individual believes he or she is in danger. In order to be a valid charge, the attempt to injure or threaten someone else must be an intentional act. For example, if you accidentally startled someone while walking around a street corner and that person almost fell, the act would be unintentional. However, if you purposely jumped out and tried to scare someone then it may qualify as assault.

Physical contact does not have to occur for you to commit assault. The charge only requires that you cause another person to fear for their safety. Typically, a verbal threat must be accompanied by an equally threatening gesture.

Battery – the basics

In order to commit battery, the offender must make physical contact with the victim. Furthermore, the contact must be offensive or harmful. Anything from a push to an actual punch may qualify as battery in the eyes of the court. If you make physical contact but it is not enough to cause an injury, it may still land you with a battery charge. Any contact that a reasonable person would consider offensive is enough to elicit a charge for battery.

Many areas have combined the charges for assault and battery into one offense. This is because the two are so close that they often happen in conjunction.

If you have been charged with assault and battery, there are defenses available to you. An experienced defense lawyer can review your case and help you fight against the charges.

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Merrill Law Firm

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7211 West 98th Terrace, Building 4, Suite 140
Overland Park, Kansas 66212

T. 913-381-2085 | F. 913-341-1130

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