SC Law Blog

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Thursday, September 13, 2012

Are you facing assault and/or battery charges? Put on your best defense!

Are you facing assault or battery charges or fear that you will be facing these charges? The law recognizes that there are two sides to every story.  Perhaps you injured someone because you were in immediate danger of being injured yourself.  Perhaps you mistakenly injured the wrong person in your drug-induced state that resulted from another drugging you. Perhaps you injured someone because another threatened your life. As you can see, there are many reasons why your behavior might be excused or justified. The law affords you the opportunity to present your reasons for your behavior in your defense. Recognized defenses for assault and battery include no intent, self defense, and mutual combat. Notice how these defenses link directly to the above mentioned possible reasons for the assault and/or battery. 

A criminal assault occurs when a person has been placed in reasonable immediate fear of bodily harm by the conduct of another. An assault is accompanied with force or violence to inflict bodily harm on another or engage in some offensive conduct. An example of an assault is found in this current local news article:

A criminal battery is defined as the unlawful touching or striking of another by the aggressor himself or by some object put in motion by him. A battery is done with the intention of bringing about a harmful or offensive contact, which is not legally consented to by the other and not otherwise privileged. A battery can either be a misdemeanor or felony charge. The punishment for a felony of course carries a much higher sentence and the distinguishing characteristic between a misdemeanor and felony charge of battery is usually the extent of harm caused to another. An example of a battery can also be found in a WMBF news article: Suspects spray mace in 62-year-old victim’s face -, Myrtle Beach/Florence SC, Weather

The penalties for battery in particular can land you a long stay in jail. Become proactive and enforce your rights that allow you to defend yourself in a court of law. Put on your best defense with your local criminal law attorney Daniel Selwa.

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