Categories: Legal

Assault & Battery in Criminal Law

Most people have come to consider assault and battery essentially the same thing, which is also the case when it comes to the law. At one time, assault was considered the threat of bodily harm, while battery was the charge against someone who actually commits bodily harm. Now, most states consider assault and battery the same thing, and an individual can be charged with one or the other or both.

There is a fine line in the law when it comes to any altercation between two people. There are different names for different types of abuse, most of which concerns the individual situations. Assault and battery could refer to the threat of physical harm, which in some states (Texas included) would be a charge of “Assault by Threat”. Terroristic threats, on the other hand, are threats made in person, by phone or by letter which allude to physical harm but do not make any direct threats.

Charges of assault and battery are fairly easy to file, but are just as easy to get dismissed. Because the complaining witness is usually a friend or acquaintance, and the incident usually occurs in private, there are no corroborating witnesses. Prosecutors who handle thousands of cases each year usually only take those which are “easy wins” and will dismiss “he said-she said” cases because there is no proof either way.

This is not to say that you shouldn’t file a complaint in the incidence of assault and battery; quite the opposite. The charges may be dismissed by the ADA, but you will still have begun to create a paper trail. Most cases of assault and battery do not stop with just one incident; they continue to happen until the courts are able to successfully intervene.

Any time you are assaulted or battered, call the police immediately. Press charges against the individual who committed the assault or battery, and have a friend or family member take pictures of any bruises, scrapes, cuts or contusions. From there, you have several options.

If the individual continues his or her assault, you will have created a paper trail detailing each incident, complete with a police report and pictures. You should also save threatening letters or e-mails and take pictures of any damage to property. If someone witnessed the assault or battery, have them write out a description of the incident.

The first time, the individual might only get a ticket or a warning, but you will at least have documentation. If it continues, you can apply for a restraining order against that individual.

Further, the ADA will be more likely to take charges against that individual if you consistently report allegations of assault and battery to the police.

Everything else aside, assault and battery is a serious charge, and should be taken seriously by our justice system. Unfortunately, many assault and battery charges go without justice because of our busy court dockets.