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Assault and Battery

In the United States, when considered under criminal law, assault and battery are paired together as one offense. Assault refers to the threat of a violent act, while battery is defined as the physical act of violence itself.

For one to be charged with assault and battery, he or she must not qualify for privilege of his or her actions. In certain cases, assault and battery are legal, meaning that the defendant does have privilege. These situations include the following:

  • Self-Defense
  • Defense of others
  • Consent
  • Defense of Property
  • Mutual Combat
  • Police Conduct/Duty

There are different levels of severity related to assault and battery. Aggravated assault and battery is usually punished in harsher manner, since the assault was made in attempt to cause serious harm with a deadly weapon. Oftentimes, the sentence for this type of assault is life in prison. Aggravated assault and battery is considered to be a felony.

Typical punishment for assault and battery offenses includes fines and/or imprisonment. The court decides the extent of the penalty based upon the amount of compensatory or punitive damages allotted to the plaintiff. These damages encompass lost earnings, pain and suffering, and medical bills, and they vary depending on the severity of the act.

Contact Us

If you have been a victim of assault and battery, please contact Austin criminal defense lawyer Ian Inglis at (512) 472-1950 right away.


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