A punishable offense of attempting to harm another person through physical contact is called a criminal assault. A battery charge often accompanies a criminal assault charge. Assault is the non-physical act of menacing someone to the point that they fear their safety, while the battery is using violence against that person. You can be charged with assault on your own if the suspected victim accuses you of threatening harm without the incident resulting in physical contact.
Suppose you have been charged with assault; in that case, you need to remember that the trial bears the burden of proving that a crime happened. By examining details of your situation, you can contest a criminal assault charge in Nashville and reach out to a defense attorney can identify weaknesses in the prosecution’s argument against you.
Assault & Battery:
Assault and battery are two ferocious crimes that involve threatening harm or causing actual damage to another individual. In some states, battery and assault remain two separate crimes, while others have slowly merged the two into one general crime. Additionally, many conditions apply a more serious aggravated assault or battery charge when a severe injury occurs, or the act is dedicated with a deadly weapon.
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Assault:
Assault is characteristically defined as an intentional act that puts another individual in the apprehension of immediate harm. Assault, hence, outlaws the threat of harm itself rather than requiring that actual damage has occurred. For this reason, it is occasionally also known as “attempted battery.”
Since assault is a deliberate act, it cannot be devoted by accident. This means that a culprit must have intended to cause fear in another person or that he or she acted in a knowingly dangerous way, even if a specific individual was not battered. Assault does not need that the victim fears being subjected to severe bodily harm or death. Any reasonable fear is sufficient.
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Battery:
Battery is in, other terms, the second half of an assault; where the damage has been done. The battery is defined as an intentional offensive or harmful touching of another person done without their consent. Since an attack is the threat of harm, and a battery is the actual act of injury, the two crimes are often charged together.
As with assault, the battery needs the criminal intended to commit the act. Therefore, if a person accidentally hits a shopper with their grocery cart while in the supermarket, this would probably not be a battery. This might be enough if the man was acting with criminal unruliness or negligence.
The act of battery doesn’t require that the target is severely injured or shocked. Any touching that the victim reflects harmful or offensive can be enough. For example, if a lady pours a mug of hot water on someone, this could be a battery. To go even more, a classic case of a battery that does not result in injury or pain is when the committer spits on the victim. However, a respondent will not be held liable for contact deemed offensive only because the victim is abnormally sensitive.
Rational Certainty:
To establish that an assault has arisen, the prosecution must show that you purposely acted in a manner that caused the victim to reasonably believe that they were at risk of immediate physical violence. The trial will need to describe how your physical gestures or language established the risk of violence. There are numerous ways that you can dispute that an assault occurred, such as claiming:
- Your ostensibly threatening behavior was unintended or misinterpreted
- The alleged victim was perverse in believing that your actions constituted a threat
- The suspected threats should not have caused the victim to fear forthcoming danger
People may show illogical fear towards you based on your appearance and concerns. Providing a clear and sensible explanation of the incident shows that you never envisioned threatening or harming the alleged victim. Witness evidence can support your account of the incident.
Acting in Defense:
If you have committed an assault, you can still contest the criminal assault charge in Nashville to prove yourself or someone else. Stopping an imminent battery or assault is affirmative against an assault charge. Though, you are now the one who must prove that:
- Your actions went only as far as needed to prevent the imminent danger
- The person was an instant threat of violence to yourself or another person
Continuing to assault someone after they are no longer a danger goes beyond self-defense.
Reach Out to a Criminal Defense Lawyer:
Contesting an assault charge can be more straightforward than challenging a battery charge because there is no physical harm involved. The hearing must prove your intent and that the victim reacted reasonably. A professional lawyer can help you with a criminal assault charge in Nashville and work effectively for you.
