Areas of Practice / Services Provided

Misdemeanors

Assault and Battery

Assault is a class one misdemeanor with up to one (1) year in jail and up to a $2500 fine. In addition there may be additional costs for restitution of medical bills and other costs associated with the offense. In addition to these penalties there may be civil consequences that could be affected by a criminal conviction.

Because assault and battery is considered a crime of violence it is taken very seriously by the courts and prosecution. Assaults are often thought of as being fights. Although fights are within the scope of assault and battery, the crime also includes any unwanted touching of another person. It can be as simple as grabbing someone by the arm or as serious as an actual physical struggle resulting in injury. Assault is the offer to commit an unwanted touching and battery is the actual touching. Because of the nature of this charge each case must be evaluated individually. There are any number of circumstances where assault and battery can occur. A consultation with an attorney can help sort out the facts specific to your case and advise of any possible defenses.

One of the major defenses in these cases is self defense. This is a complicated issue and requires consideration of a number of factors.

Aside from a criminal conviction there can be other outcomes that may result in a reduced charge or dismissal of the case against you. Alternatives may include a delayed finding of guilt and the completion of an anger management course coupled with other provisions that the Court may require. If you are able to successfully complete these requirements the Court may reduce or dismiss the charge. This type of alternative to conviction will depend on any prior criminal record that you have, the cooperation of the complaining witness and other factors. These can be explained by your attorney.