Someone who has either been threatened with physical harm or who has actually been hurt by someone else has experienced a crime. They need to know the differences between assault and battery to file a criminal complaint. Las Vegas criminal law attorneys could help them out.
Threatening someone with physical harm is an “assault.” If the perpetrator carries out their threat and hits or batters the other person, this is “battery.”
If the assault leads to the victim fearing they will be harmed, the perpetrator can be arrested on assault charges; if they physically attacked the person, they can be charged with battery.
Once the perpetrator has been arrested and charged, they should speak to some Las Vegas criminal attorneys to see who can help them.
The Legal Definition of Assault
“Assault” means that a person has been told to expect to be harmed physically by someone who threatened them. Today, “assault,” as defined by various state statutes, may refer to the different ways of harming someone. Now, assault may refer to the different ways someone can be hurt. It may mean either battery or common law assault—or it may be both at the same time. A Las Vegas criminal law attorney can explain the charges to the defendant after their arrest, if they don’t understand them.
A “statute” is a law which was enacted by the legislature. (They are also called “acts,” such as the Sarbanes-Oxley Act.) Nevada has its own state statutes, by which criminal defendants are charged for their crimes.
“Common law” simply means a law which has come from judicial decisions rather than from statutes. Common law may be found more in the state law system than it is in the federal law system.
Assault (and battery) may lead to either a criminal charge or a tort charge. The Dobberstein Law Group can help someone to understand which factors may apply, based on the charge that may have been filed.
The Legal Definition of Battery
“Battery” is the act of causing physical harm to someone. An example may be a child getting beat up in the courtyard after school. If the child and their parents decide to press charges, the perpetrator may find themselves being arrested. If they are a juvenile, they may be taken to a juvenile detention facility. Their parents would have to contact Vegas criminal lawyers and ask them to defend their child in court.
As with the modern definition of assault, battery may mean causing physical harm. Or it may refer to the different ways harm can be caused to the victim.
How They are Similar and Different
Looking at the differences between assault and battery, look at whether harm is actually present. If it is not, the perpetrator may only be charged with assault if they made a threat of harm rather than hitting someone and causing physical harm–Las Vegas criminal law attorneys may defend them in court.
If the perpetrator went straight to beating up the victim, they can be charged with battery—because they may have caused actual physical harm to their victim.
Each charge is assigned its own set of penalties. This means that, if the perpetrator (now the defendant) is convicted, they may be sentenced to jail and a fine. Even so, they still have the right to fight the charges with the help of Vegas criminal law attorneys.
How an Attorney can Help in Assault and Battery Cases
Whether the defendant is charged with assault, battery or both, they may be facing some stiff penalties by the judicial system. And, if they are convicted, they may face time behind bars.
Defendants have the right to defend themselves. By talking to some Vegas criminal law attorneys, they may be able to build a defense that means they can avoid being convicted.
When the defendant’s case comes to trial, they are legally entitled to a solid defense. And a good Las Vegas criminal attorney may win in a trial, which means the defendant may not have to pay a penalty.
A knowledgeable Vegas criminal lawyer who knows Nevada state law understands the penalties for assault and for battery. If they are able to introduce doubt about the charges against their client, it may be possible for them to either get their charges lowered or, if their client decides to plead to a lower charge, get a reduced sentence.