why does a city attorney file charges on assault and battery

Assault and battery is the crime of threatening a person together with the act of making physical contact with them. The law allows victims of crimes and intentional acts to hire an attorney and sue the wrongdoer for damages and losses caused by the wrongdoer.

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When to contact a criminal defense lawyer for assault and battery?

Aug 14, 2020 · Prosecutor Files Assault and Battery Charges When an accusation of assault is made, there are numerous factors that are given consideration by both the police and the prosecuting attorney. This includes how bad the victim’s injuries are, whether there is a prior relationship between the victim and the attacker, and whether the attacker has a prior …

What is assault and battery on a household member in Virginia?

When someone commits battery, it is often their intention to harm someone and they are successful in carrying this out physically. Your assault charges will include battery if your crime goes beyond intending or attempting to harm someone and you cause a physical injury to another person. Your Criminal Defense Lawyer in Towson, MD. The team of expert attorneys at …

What is the charge for simple assault in Virginia?

What Are the Consequences for Assault and Battery? Assault and battery can either be charged as a misdemeanor or felony. Since every case is different, the severity of the associated punishments is based on a number of different aggravating factors. Some of these aggravating factors include: Assault against a peace officer or protected employee; Use of a deadly …

What is assault and battery?

Aug 27, 2019 · You need an experienced defense lawyer when facing an aggravated battery charge. In Kansas, battery is the only offense where physical contact is almost always required; however, Kansas law does not distinguish between regular and aggravated battery. Defense Lawyer: Domestic Assault. In a case of domestic assault & battery, where both parties reside …

Types of Assault

1st-Degree Assault – The most severe form of assault, first-degree assault includes (1) attempting serious physical harm to a person, (2) causing serious physical harm to a person, and/or (3) utilizing a firearm during an assault. First-degree assault is considered a felony in Maryland.

What is Considered Assault and Battery?

Maryland law’s definition of assault is the unwanted or harmful touching of another. Although assault charges can be assessed when only the attempt, intention, or threat of harming another is present, battery charges make the crime of assault a more serious one.

Your Criminal Defense Lawyer in Towson, MD

The team of expert attorneys at Albers & Associates has years of experience defending cases of those who have committed crimes of assault and battery. We will ensure we gather all of the details of your case in order to provide solid defense and advocate for your rights in court.

When is assault considered first degree?

When? Assault is considered first degree assault if it results in bodily harm to another, often involving a deadly weapon or when it is committed against a peace officer or other protected employee.

What is the most common violent crime in Colorado?

If you have been charged with assault or assault and battery, you are not alone. Assault and aggravated assault are the most common violent crimes committed in the state of Colorado.

Who is Kimberly Diego?

Kimberly Diego is a criminal defense attorney in Denver practicing at The Law Office of Kimberly Diego. She obtained her undergraduate degree from Georgetown University and her law degree at the University of Colorado. She was named one of Super Lawyers’ “Rising Stars of 2012” and “Top 100 Trial Lawyers in Colorado” for 2012 and 2013 by The National Trial Lawyers. Both honors are limited to a small percentage of practicing attorneys in each state. She has also been recognized for her work in domestic violence cases.

Can I find a defense attorney?

Finding a defense attorney isn’t something you can procrastinate on once you’ve been charged with a crime. No matter what the specific charges are that you face, you need to take your case seriously and sit down with a skilled criminal lawyer as soon as possible. Kimberly Diego will listen carefully to the details of your case, discuss what she thinks your best defense will be, and keep you informed every step of the way.

What is assault and battery?

We’ve all heard the term ‘assault & battery’ on television and movies. It may conjure up images of a couple of guys having a fistfight in a bar, or a domestic abuse incident. Both are examples of assault and battery; however, in some cases, assault charges can much more serious.

What to do if you are charged with assault?

Contact a defense lawyer If you’ve been charged or arrested for assault. No matter what the degree of the assault, you need a competent, experienced defense lawyer who can launch an aggressive defense on your behalf.

What is domestic battery charge?

In a case of domestic assault & battery, where both parties reside in the same household, or if there is a familial relationship between the parties, a domestic battery charge is used, regardless of the relationship between parties.

What is aggravated battery in Missouri?

In Missouri, an aggravated battery charge requires the use of a weapon. The degree of severity and penalties varies. You need an experienced defense lawyer when facing an aggravated battery charge. In Kansas, battery is the only offense where physical contact is almost always required; however, Kansas law does not distinguish between regular and aggravated battery.

When an action is carried out with the intent to injure against another person, and a weapon is used,

When an action is carried out with the intent to injure against another person, and a weapon is used, it constitutes an assault with a dangerous weapon charge. The prosecution must prove not only that a defendant used a dangerous weapon, but must also prove that the defendant had the specific intent to inflict physical harm on the victim. If the harm was caused by accident, as long as the defendant was acting in a lawful manner, then there was no intent.

What is battery in Missouri?

Missouri and Kansas are similar regarding what constitutes battery, which is basically an intentional act that causes someone to be in fear of physical harm. Making verbal threats, hitting someone with an object or a weapon, or making threatening gestures toward a person, is assault. It becomes battery when physical contact occurs and results in actual harm. Touching another person in an aggressive or inappropriate way is considered to be battery.

What does "you're under arrest for assault and battery" mean?

We've all heard the phrase on TV or in movies: "You're under arrest for assault and battery." The commonly heard phrase conjures up images of bar fights and parking lot brawls. But what are the legal definitions of the crimes? Did you know there are two separate legal terms of art at play: assault is one and battery is the other? The terms are actually two separate legal concepts with distinct elements. Some states split them up while others combine the offenses.

What is an assault battery?

In most states, an assault/battery is committed when one person: 1) tries to or does physically strike another, or 2) acts in a threatening manner to put another in fear of immediate harm. Many states have a separate category for " aggravated " assault/battery when severe injury or the use of a deadly weapon are involved.

What is the difference between assault and battery?

Indeed, generally the main distinction between an assault and a battery is that no contact is necessary for an assault, whereas an offensive or illegal contact must occur for a battery.

What is battery offense?

Although the statutes defining battery will vary by jurisdiction, a typical definition for battery is the intentional offensive or harmful touching of another person without their consent. Under this general definition, a battery offense requires all of the following: no consent from the victim.

What is the act requirement for battery?

Battery: Act Requirement. The criminal act required for battery boils down to an offensive or harmful contact. This can range anywhere from the obvious battery where a physical attack such as a punch or kick is involved, to even minimal contact in some cases.

Is assault and battery the same offense?

However, the basic concepts underlying the offense remain the same. Assault and Battery Defenses.

What is the intent requirement for assault?

Assault: Intent Requirement. In order commit an assault an individual need only have " general intent .". What this means is that although someone can't accidentally assault another person, it is enough to show that an offender intended the actions which make up an assault.

How long is a felony in jail for assault and battery?

So, the same assault and battery elements will result in a class 6 felony conviction – with a mandatory required minimum jail sentence of 6 months. This is punished by up to 5 years in prison, with up to a $2,500 fine. Assault/battery on a probation officer is a class 5 felony with up to 10 years in jail.

How much is the maximum jail time for assault and battery in Virginia?

Both assault and battery are punished by a maximum jail sentence of 1 year, a maximum fine of $2,500.00, and full restitution to the victim. First offense assault and battery charges in Virginia will generally not result in the maximum penalties unless the assaultive conduct was egregious.

How long is a robbery sentence in Virginia?

There is a 5-year mandatory minimum prison sentence for anyone who commits an assault, battery or threatens a victim during the commission of a robbery. The act is also charged as a felony. Va Code 18.2-58 states, “If any person commit robbery by partial strangulation, or suffocation, or by striking or beating, or by other violence to the person, or by assault or otherwise putting a person in fear of serious bodily harm, or by the threat or presenting of firearms, or other deadly weapon or instrumentality whatsoever, he shall be guilty of a felony and shall be punished by confinement in a state correctional facility for life or any term not less than five years.”

What is assault in Virginia?

Both assault and battery are punished by a maximum jail sentence of 1 year, a maximum fine of $2,500.00, and full restitution to the victim.

What is the law in Virginia for threats?

Virginia has a law to punish threats made over telephone calls. VA Code 18.2-427 punishes the use of profane, threatening, or indecent language over public airways or by other methods. “Any person who uses obscene, vulgar, profane, lewd, lascivious, or indecent language, or makes any suggestion or proposal of an obscene nature, or threatens any illegal or immoral act with the intent to coerce, intimidate, or harass any person, over any telephone or citizens band radio, in this Commonwealth, is guilty of a Class 1 misdemeanor.” Threats are punished the exact same way as regular assault & battery – up to 1 year in jail.

What is the term for impeding the blood circulation or respiration of another person?

Strangulation is defined as impeding the blood circulation or respiration of another person by knowingly, intentionally, and unlawfully applying pressure to the neck of such person – resulting in the wounding or bodily injury of such person.

What is assault threat?

Assault is defined as a threat, with the means to carry out a battery, that put the victim in reasonable fear of a battery or reasonable apprehension of offensive touching, harm or danger. The victim must fear that the harm is imminent – that is coming immediately, as opposed to some time later.

How Assault and Battery are Defined in Albuquerque

Assault and battery are two different areas of the law. While they both revolve around physical altercations or bodily harm by one person to another, the charges and punishments differ.

Can Assault Charges be Dropped?

To answer this, you must first understand how charges are filed in the first place. Bottom line, while a victim files a complaint, they do not control who the state prosecutes and when.

Speak with a Criminal Defense Attorney Today

If you have been arrested for or accused of domestic violence, it is imperative that you speak with an attorney right away. Contact the defense team from New Mexico Criminal Law Offices now to explore your options.

Why do prosecutor files shoplifting charges?

For example, a prosecutor may file charges on every shoplifting case, no matter how weak, to curry favor with local store owners who want to get the word out that shoplifters will be prosecuted. For similar reasons, a prosecutor may pursue otherwise weak prostitution charges to avoid alienating powerful civic groups.

What is an arrest report?

Arrest reports summarize the events leading up to arrests and provide numerous other details, such as dates, time, location, weather conditions, and witnesses' names and addresses. Arrest reports are almost always one-sided.

What is the Prosecutor's decision?

The Prosecutor's Decision: Using the Police Report. Typically, prosecutors base their initial charging decisions on the documents sent to them by the arresting police officers (usually called police or arrest reports ).

Can a prosecutor file charges against a suspect?

Prosecutors can file charges on all crimes for which the police arrested a suspect, can file charges that are more or less severe than the charges leveled by the police, or can decide not to file any charges at all. ( U.S. v. Batchelder, U.S. Sup. Ct. 1979.)

Can a police officer file charges based on probable cause?

Police officers usually make arrests based only on whether they have good reason ( probable cause) to believe a crime has been committed. By contrast, prosecutors can file formal charges only if they believe that they can prove a suspect guilty beyond a reasonable doubt. Prosecutors can also take a broader perspective.