Facing criminal charges is a serious threat to your future interests and opportunities, and you understand there is a lot at stake for you. A conviction brings the possibility of very serious consequences, including time behind bars, fines and much more. You could also face the loss of your personal reputation, especially if the charges you are facing involve acts of violence. This could impact virtually every aspect of your future.
Two of the most common charges associated with violent acts are assault and battery. While they often go together, these are two distinct charges. It may be helpful for your defense to learn as much as you can about these charges in order to identify the most appropriate way forward. The correct approach to confronting these charges may provide you the opportunity to fight for your future interests and possibly mitigate some of the penalties you are facing.
Understanding these specific charges
Assault and battery are two distinct criminal elements, and they typically involve a physical act that causes harm to someone else. One important element for cases involving assault and battery is intent, which can be difficult to prove beyond a reasonable doubt. The differences between these two charges include:
- Battery involves intentional, harmful, threatening or offensive contact with someone without his or her consent. It is not necessary to prove intent to harm when prosecuting battery charges.
- Assault involves causing or attempting to cause injury to someone else. You could face assault charges even if there was no physical contact. To prove assault, the prosecution will likely have to prove general intent.
Navigating the Kentucky criminal justice system is a complex and often confusing process. It will be beneficial for you to understand what you are up against so that you can prepare the most effective defense strategy possible for the specific circumstances.
Your future is on the line
While facing assault and battery charges is a serious threat to your future, a conviction or guilty plea are not your only options. In order to protect your future interests and possibly avoid a conviction, you may want to take immediate action after learning of an investigation or an arrest to understand the specific defense options available to you.
