Assault vs Battery
While assault and battery are often associated with one another, many people commonly use the terms in the incorrect context as interchangeable terms. Assault and battery are different charges and, subsequently, bear different criminal consequences. Assault is defined as intentionally instilling a reasonable feeling of imminent harm. The harm does not have to physically occur so long as the victim is lead to believe that they will be harmed. The actual physical harm of another person is legally considered battery.
Examples of Assault and Battery
Many people hear the term “assault” and immediately assume that physical harm occurred due to the connotation of the word. However, it is important to not confuse the two terms in a legal setting. An example of an assault case is if a person walked up to a victim and raised their fist as if to strike and the victim flinches as if to protect themselves. No physical harm ever occurred but the emotional distress felt by a victim is enough to constitute a criminal offense. If the person actually were to strike the victim, then a battery case will exist.
Aggravated assault with a deadly weapon is one of the more common terms used in criminal proceedings, and while this may sound dangerous many people charged with this never actually caused any harm to their victims. These cases typically involve the threat of use of a deadly weapon and if harm were to occur a higher charge will typically be sought against a person.
Contact an Austin Assault and Battery Attorney
If you or someone you know has been charged with assault or battery, it is imperative that you take the correct legal action or else you may face jail time. At Ian Inglis Attorney at Law, our attorneys have decades of legal experience defending a variety of criminal cases–often to much success. Contact our office at (512) 472-1950 to learn more about how we can assist you in your legal case.