Battery or assault is a crime punishable
by law throughout the US. The specifics of the consequences and the actions
that comprise of a battery or a felony assault may vary from state to state
depending on state law. However, in general, the intentional physical touching
of a person by another person in aggression, or the deliberate use of physical
force against a person by another person (such as violence) can be classified as assault
as per Memphis criminal defense lawyers.
Therefore, as per the above definition,
actions such as grabbing someone’s arm, shoving someone, slapping, punching,
kicking, or striking another person, or even attacking another person whilst
using an object as a weapon will be classified as battery. All these laws and
rules make legalists very happy but society in this regard has agreed with the
legalists and not moral relativists.
How
a Lawyer can Help
If you or a loved one have suffered from
battery or have been wrongfully accused of battery yourself, then it would be
in your best interest to consult a Memphis criminal defense attorney to
represent you as soon as possible. If you are a victim of assault or battery,
your lawyer will be able to help you claim damages through a personal injury
lawsuit against the perpetrator.
Such a lawsuit will facilitate
compensatory damages which can include economic damages, non-economic damages,
and punitive damages. In cases where you have been wrongfully accused and are
facing battery or felony assault charges then the lawyer will be able to assist
you in defending yourself. He or she will go ahead and amass evidence in your
favor and will be able to artfully present your argument in trial and help you
beat your charges.
In some states, the state law can
include just an attempt at physical violence can also be considered as an
assault. Verbal abuse is not considered to be malicious enough to constitute
assault. However, in the opinion of Memphis, TN criminal defense lawyers, if it
is coupled with the raising of a fist or moving threateningly towards the
person, it will be considered assault.
Penalties for a battery charge or an
assault may be very serious indeed and it depends on whether the charge is
considered a misdemeanor charge or a felony charge. You can receive a felony charge with a 4th
DUI as well and you will certainly in prison for a certain time frame.
When
is an assault or battery charge escalated to a felony crime?
If the crime is malicious enough to be
classified as a felony assault, then the consequences are substantial. So what
exactly differentiates a misdemeanor and a felony assault?
- Hitting a person with an object/weapon is felony assault
- Shooting at a person with a gun or threatening to shoot them is also considered felony assault
- Battery with the intention to later commit a felony such as rape is considered felony
- Violence that results in serious injury or disfigurement is considered felony assault
- Assault while concealing your identity is also a felony (as it should be)
Furthermore, according to Western Tennessee
criminal defense lawyers, even attacking members of a protected class such as police
officers, health care providers, and social service workers will also be
prosecuted as a felony crime.
You may have a lot to worry about in
life but if someone attacks you that is the primary concern. What your electric
bill is, did the Patriots cheat again to win on Sunday, or did you work hard
enough to impress this client are important things to think about but if someone
is attacking you those worries will fly out of the window. Your first priority
is to survive. After you do that, hopefully you do, you or someone nearby
should call the police. After calm is restored, you should visit this site: http://criminal-defense.usattorneys.com/tennessee/
when you get the chance to hire a legal representative. It is now time for you
to legally assault this other person to make things right.
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