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| Definition of Assault |
- The intentional physical injury to another
- Creating fear in the other person of peril that will take place
- Aggravated Assault - using a deadly weapon, the intent to rape, hurt or murder another. This is much more serious than just assault.
- The present ability to carry out the assault if not prevented
An assault can take place even if there is no actual contact with the other person. An example is if the defendant points a toy gun at the plaintiff from a distance away. Even though nothing happened, the assault can be accomplished. |
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| Definition of Battery |
- Battery is touching or physical contact with a person against their will by another person, resulting in injury, and sometimes using force.
- This objectionable touch can be called battery even if there is no injury involved.
- Examples are:
- A person who sticks their finger in another person’s chest to prove a point can be charged with battery.
- A person, who spits in another person’s face, without causing injury, has committed battery.
- If you tell a dog to attack, this, too, is battery.
- Simple battery is a misdemeanor punishable by less than one year in prison or only a fine.
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| FREE Consultation |
If you have been accused or even arrested and charged with any type of criminal assault or battery please contact our office today for a free and immediate consultation. Do not say another word until you speak to one of our Pasadena Assault & Battery defense lawyers.
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Pasadena Criminal Assault & Battery Definitions:
Aggravated Battery
- Aggravated Battery is more serious and is considered a felony
- Can receive a prison sentence or even punished by death
- Using a deadly weapon, such as a gun or knife
- Serious bodily injury takes place
- Against a child, woman or police officer
Consequences
Consequences depend on how severe the assault and battery is, prior convictions and if a weapon was used.
- This can be on your record for life
- Jail time is usually served
- Probation follows
- Anger management classes or professional counseling will be required
- Excessive fine
- Will not be able to keep a gun
Civil Liabilities
- Pay for the victim’s physical injuries
- Pay for pain and suffering
- Out-of-pocket medical costs
- Hospital costs
- Drugs
- Loss or work
- Pay for emotional injuries
Possible Defenses
- Self defense or defense of others
- You didn't do it; it was someone else
- Accident; was not intentional
- Defending your property
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