Assault & Battery
Assault occurs when an individual attempts to physically hurt another person but is unsuccessful, while battery occurs when an individual actually does physically hurt another person successfully. Prosecutors take assault and battery cases very seriously because statistically offenders have a high chance of repeating these assault and battery crimes. Because the criminal courts take these violent crimes so seriously, it is crucial to have effective assault and battery lawyers defending you. Common examples of assault and battery include: bar fights, domestic disputes (a.k.a domestic violence), sporting event altercations, and many more. Because assault is defined as the unlawful attempt to violently injure another person, attempts to injure someone or even threats of injury can be categorized as an assault. Furthermore, because battery is considered the unwanted touching or striking of another person, or anything connected to that person, prosecutors are often able to push the boundaries of the definition and charge someone with battery when the alleged victim was not actually injured.
Other conditions, such as the use of a weapon, can make the assault and battery crime even more severe and possibly lead to a very harsh punishment. Our assault and battery attorneys will fight aggressively to defend against unfair punishments and strive to minimize all damages. Assault cases can be charged as either misdemeanors or felonies depending upon the circumstances surrounding the case. Such elements include the severity of the injury to the victim, how aggressive the prosecutor pursues the assault charge, and the criminal background of the accused. Assault and battery misdemeanor charges carry penalties of up to one year in county jail and felony assault charges with over a year (sometimes many years) in state prison and a permanent criminal record. Whether you’re convicted of a misdemeanor or felony assault, you could face any or all of the following: County jail or state prison time, permanent criminal record, significant fines, probation, parole, mandatory anger management classes, losing your right to own a weapon, being turned down for employment after release, lifetime revocation of your state Driver’s License and more.
If you are being charged with assault, battery, or assault and battery, contacting a criminal defense attorney who handles assault and battery crimes is crucial. Our firm’s assault and battery attorneys are skilled lawyers who fight passionately to get you the best possible results under the circumstances. We have a track record of frequently getting charges of this nature dismissed or reduced to lesser offenses. Professional battery lawyers have one main duty – to convince the courts that you are not a danger to society, you will not hurt anyone, and that you do NOT belong in jail. Our battery attorneys will fight for your freedom.
We understand that those accused of battery are often unable to tell their full story since the authorities can make incorrect assumptions as to what happened based on the alleged victim’s statement. In reality, there are many things to consider when a battery charge is filed. Was the alleged victim drinking at the time? Did the “victim” actually provoke the attack? Other law firm’s battery attorneys often ignore these critical questions, so it’s very important to make sure you choose the right criminal attorney who knows how to fight for you the right way. The Stewart & Schmidlin Law Firm comes across many cases where the defendant is being charged with assault and battery when in reality they were merely defending themselves from an impending attack. When a skilled battery lawyer or assault attorney is on the case, the court gets a chance to hear your side of the story. Even a common bar fight can escalate into a serious legal matter once the police are called to the scene. They have minutes to decide who to prosecute and usually do not conduct a thorough enough investigation into the facts of the case. If the alleged victim had been drinking, their anger or erratic behavior could have been so threatening that you may have felt physical action was necessary to prevent injury to yourself or others. Our expert assault and battery lawyers have frequently been able to clear these matters up and get cases such as this dismissed.
IF YOU HAVE BEEN ACCUSED OF ASSAULT OR BATTERY, BUT HAVE NOT BEEN CHAGED YET, CALL US IMMEDIATELY. When you’re being investigated, you have a huge opportunity to avoid ANY charge from being filed if you can have a seasoned assault and battery attorney deal with the police for you. Notify us immediately if you are under investigation.
When determining if an assault and battery lawyer is something you need, just ask yourself how concerned you are with the potential consequences you could be facing. If you have family or you are employed, you would probably be wise to hire an expert assault attorney or battery lawyer. Assault attorneys with the Stewart & Schmidlin know exactly what they’re doing and our firm hires only the best and brightest battery attorneys with track records of success. Call our firm now to find out if a battery lawyer can help you.
If you want the best in knowledgeable legal representation & a criminal law firm that will treat your case with consideration and concern, please contact us at 919-300-6494 for a FREE confidential consultation.