Assault and battery are two different violent crimes. The first is a threat of some type of brutality (which is accompanied by emotional duress) and the latter is actual physical violence. They are considered separate legal claims in most jurisdictions.
The extent to which a person may be punished for either crime depends on a variety of factors. These include but are not limited to such things as the severity of the assault and a victim’s vulnerability. When a deadly weapon is used in the commission of the crime it becomes aggravated assault and battery.
A number of scenarios may result in an arrest for assault and battery. Common examples include bar fights, domestic violence, and child abuse. However, hate crimes and violent acts against public officials are also deemed to be assault and battery.
Assault and battery charges can result in both criminal and civil charges. Criminal cases are initiated by a prosecutor and civil cases can be brought by an individual or organization. If one is convicted of criminal assault charges then there is a greater likelihood they will also be convicted of the civil charges as well. Finally, a conviction of assault and battery may result in job loss and the guarantee that one is permanently branded as a violent individual.
One recent assault and battery conviction in the Houston area include a case in which a lenghy prison term was given to a first time offender for assaulting a stranger as part of a gang initiation. Seek proper legal counsel if you are charged with these crimes.
David Breston is a defense attorney in Houston, Texas. If you need a defense lawyer in Houston, Texas call David Breston at 713 224 4040.
