Assault and battery tend to be charged together, but they are two different offenses. Assault occurs when there is a threat of physical violence or an attempt to inflict bodily harm. Reckless actions can also be considered assault because the actions are considered a threat. Battery, on the other hand, requires physical contact with another person, which can cause or does cause bodily harm. The severity of the injury is going to have an influence on the charges, as well as the consequences if convicted.

There are three elements that must be present for a battery conviction can take place. First, there needs to be intentional contact with the victim. Second, the touching must have caused offense or injury. Third, the victim the touching must have occurred without the victim’s consent. Just keep in mind that an intention to cause harm to another doesn’t have to be present in order for a conviction to occur. The only factor that needs to be present is the intention to touch. If the physical harm happened during an accident, the suspect must have displayed negligence or reckless behavior. If they did, then they may be convicted.

Battery Defense Strategies

There are a number of defenses that can be used based on the unique circumstances in your case. The first line of defense is self-defense. If the alleged victim threatened you or committed violence against you or you perceived them as a threat, you could claim self-defense. The second line of defense is when acting in the defense of someone else. If you had any reason to believe that a person was going to harm another, you can defend the intended victim. The third line of defense is the defense of property. For instance, someone may break into your home in the middle of the night, which means you will have to use reasonable force to defend yourself, your family, and your property.