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What is the Difference Between Assault & Battery?

What is the Difference Between Assault & Battery?

Assault and battery, though mistakenly used interchangeably by many people, are actually quite different in nature. Though they share fundamentals in common, they are considered separate crimes with a completely isolated set of consequences. Both assault and battery involve one person inflicting intentional harm on another, and one can be charged with both at the same time. Assault and battery are often used in conversation with each other, though the difference between them is distinct.

Assault is any intentional act that causes another person to fear that he or she will suffer any physical harm, as placing another person in fear is an act worthy of punishment in itself. The purpose of this definition is so police officers can intervene before an assault actually takes place, as intention requires just as much culpability as following through with the act. However, this does not mean a simple threat can be considered assault, as the law protects people who say things in the heat of the moment.

Battery, conversely, involves an aggressor following through with his or her harmful intentions. If the guilty party physically strikes or harms the victim, it almost serves as an assault that was carried to completion. As you can see, distinguishing between these two crimes comes down to one detail: whether or not the aggressor’s plan or intent to harm was completed.

Contact Our New York City Criminal Defense Attorneys Today

Have you been charged with assault or battery? If so, time is of the essence--it is vital you enlist in the help of one of our New York City criminal defense lawyers of Musa-Obregon Law PC immediately. Either of these convictions are quite serious and can result in a significant number of consequences, and our legal team wants to help you avoid any penalties at all costs. Facing this difficult time alone may be disastrous--allow us to advocate on your behalf.

Schedule an initial consultation with a member of our firm by calling us today at (888) 502-8461.


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