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Assault and Battery Charges

The criminal offenses of assault and battery occur when a person willfully inflicts bodily injury, resulting in a traumatic condition, upon another. Assault and battery are actually two separate crimes and can be prosecuted as either a misdemeanor or a felony. This frequently depends on the nature and seriousness of the injuries. Not all cases of assault and battery are clear, so it is important to contact a criminal lawyer to represent you and make sure that your legal rights are respected and you are aware of all of your options.

Charges for these types of offenses can range from misdemeanor to felony, depending on the particular circumstances of each case. Compensatory damages would be medical bills, lost income, pain and suffering, emotional distress, destruction of property (clothing), and any other out-of-pocket expense you might have. Punitive damages could be awarded as punishment damages against the person who intentionally harmed you.

Assault and battery arrests are a prime example of how, when there are two sides to a story, and one side goes unheard, the result can be damaging. Many assault and battery arrests are the result of the alleged victim simply telling a better story to police, the accused not being permitted to tell his or her side of the story, or the accuser's version of events being mischaracterized or misunderstood.

Assault is an intentional act by someone which makes you fear imminent harmful contact. This is much wider than many people think. You are assaulted as soon as someone touches you without a lawful reason to do so, and when they put you in fear of violence. Of course, it includes being punched and kicked and being subjected to illegal body searches.

Battery is the actual physical contact. Battery is the act of using force against another person which results in either bodily injury or offensive touching. It does not need to be intentional; force applied with criminal negligence is sufficient to be considered battery. In addition, the force does not have to be directly applied to the victim.

In many cases mitigating circumstances exist which may reduce, or even negate criminal culpability. Often, several defenses are available to the accused, such as:

  • Defense of others

  • Defense of property

  • Lack of intent (i.e. an accident)

  • Self defense

Violent offenses include those in which an act of violence has allegedly been committed against another person. These include offenses such as assault, battery, culpable negligence, felony battery and assault or battery on a law enforcement officer, and aggravated assault or battery.

Generally speaking, if the victim has been actually touched by the person committing the crime, then a battery has occurred. If the victim has not actually been touched, but only threatened, then the crime is considered to be an assault.

We have handled many assault charges, ranging from misdemeanors to first degree felonies. We will ensure that both sides of the story are heard, and that the facts surrounding the allegation are brought to light. Contact us today to discuss your case.

Danny M. Sheena, P.E.

The Sheena Law Firm
2500 West Loop South, Suite 518
Houston, Texas 77027
(713) 224-6508 - Office
(713) 225-1560 - Fax

Email: [email protected]


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