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What to Do When Dealing With Charges of Battery and Assault

| Jan 16, 2020 | Firm News

Dealing with Assault And Battery Charges in NJ

When an individual is accused of battery and assault, they are facing some serious accusations and charges that could land them in prison for a long time. If you have recently been charged with such crimes and you do not know what to do, the very first thing you need to do is reach out to an attorney. You need to tell the attorney the list of charges against you and exactly what transpired. The goal is to avoid a conviction for such serious crimes.

What Is Assault?

Assault is an act of physical or verbal violence that occurs against another person. A person may be charged with assault when making a threat if there is a legitimate reason to believe that they will go through with the treats that they have made against another person. In addition to threats, a person may be charged with assault for getting into a physical altercation that involves slapping, punching, pushing or harming another person in some way. Even if physical contact does not happen, someone can still receive an assault charge.  For example, one person may spit on another person to upset them.

The Difference Between Battery and Assault?

Although people often receive charges for both battery and assault when committing acts of violence against another person, there are differences between the two charges. While an assault charge means that one person threatened, spit on, or even got physical with another individual, battery means the offense occurred with pure intent. As an example, if one person tries to punch another person in the face but they miss, they would not be charged with battery because they did not harm that person due to missing the punch. However, they would still get charged with assault for attempting to harm the other individual.

What Factors Are Considered Before a Person Gets Charged?

Before being charged with a single crime or multiple crimes, such as assault and battery, different factors are considered, including the type of attack made against the other person and the number of injuries that a person sustained. When the injuries are incredibly severe, the number of charges may increase. When a person nearly dies because of the physical assault, the person who assaulted the victim could end up with an attempted murder charged included with the other charges of assault and battery.

What Happens After a Person Gets Charged?

Once charges are filed, an individual may be arrested and sent to the county jail where they would need to post bail to get out. If you are in this situation and have posted bail, you must meet with a criminal defense attorney. The attorney will try to build a defense to help you overcome this difficult legal situation. For example, you may not have been the aggressor. Although it is possible that you caused harm to the other person, you might have done so in self-defense after that person attempted to attack you. Different defense mechanisms are used based on the specifics of each case.

Contact An Experienced Westmont Criminal Defense Lawyer About Your Misdemeanor Charges In New Jersey

Were you arrested or charged with assault or battery in New Jersey? The consequences of a conviction could be severe, leaving you with a permanent criminal record and possibly even sending you to jail. That is why you need to speak with a qualified criminal defense attorney as soon as possible about your case. The Law Office of Jill R. Cohen has successfully represented clients charged with assault and battery in Westmont, Camden, Cherry Hill, Gloucester City and throughout New Jersey. Call 856-242-7177 or fill out the online contact form to schedule a consultation with a member of our legal team. We have an office conveniently located at 210 Haddon Avenue Westmont, NJ 08108.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

Disorderly conduct consists of any improper behavior such as fighting, threats of violence, or creating a dangerous atmosphere.