Assault and Battery
An assault and battery charge can have detrimental repercussions that affect nearly every area of your life. A criminal defense attorney can fight to have the charges dismissed or reduced. If you have been charged with assault and battery, call the attorneys at the Sandoval Firm in Santa Fe, NM. For over 20 years, Rick Sandoval has been providing legal representation for clients facing these and other criminal charges. During a free initial consultation, Mr. Sandoval will review the details of your case.
What Is Assault and Battery?
The phrase “assault and battery” is one that most people have heard at some time during their life. But not everyone is familiar with the true legal meaning behind the charges. If you have been arrested and face assault and battery charges, here is what you need to know:
- Assault: Most people mistakenly believe that assault is the actual physical harm done, but legally speaking, the assault is the act of intentionally creating fear of physical harm. An assault is a threat that causes the victim to believe physical harm will follow.
- Battery: The actual physical touching, or injury caused, is the battery element of the crime.
Given the distinction between the two acts, it is possible to be charged with either assault, battery, or both. If someone makes a threat but does not follow through with a physical act, the authorities can charge that person with assault, but not battery. However, if a threat is made and an intentional physical action is taken, the charges are likely to include both assault and battery.
For over 20 years, Rick Sandoval has been providing legal representation for clients facing these and other criminal charges.
Examples of Assault and Battery Cases
The obvious examples of an assault and battery case include engaging in a fistfight after hurling insults at another person, or being physically attacked in a parking lot after being made to feel an attack was imminent. Other examples include:
- Swerving in and out of traffic in such a way as to create fear among other drivers, and then having an accident as a result of that driving pattern. Many times, this type of car accident is linked to road rage, and the responsible party might face charges of assault and battery as well as being held liable for causing the accident.
- Getting into a boundary or other dispute with your neighbor that ends in fear and actual physical harm.
In these instances, it is critical to establish a defense so the fines and penalties are minimized, or seek a dismissal of the charges altogether. To do this, you will need a qualified criminal defense attorney on your side to look at the facts and offer competent representation.
Every case is different, but there are some common defenses that can play a part in most cases involving an assault and battery charge. For example:
- If you were acting in self-defense, you may have a good chance of having assault and battery charges dismissed or reduced.
- If you were defending another person who was unable to defend themselves, you can make an argument that you have not committed assault or battery.
- If you were defending your property, you may be able to avoid being charged with assault and battery.
This list is not exhaustive, and there may be circumstances in your case that call for another defense. If you have been charged with assault and battery, Mr. Sandoval can help you explore every option.
Contact Us In Santa Fe
Call an assault and battery attorney at the Sandoval Firm in Santa Fe today. During a free consultation, we can explain your options and determine whether we can be of help to you. We can be reached at (505) 795-7790 or you can contact us online.