There are many criminal offenses in the legal system. These acts range from minor misdemeanors to felonies. One of the most common and well known is assault and battery. This action is known as willful use of physical violence towards another person. Assault and battery charges can stem from hitting a person by kicking or punching and at times using a weapon such as a knife, or other object that can cause harm. At times people will be charged with aggravated assault and battery and this is a crime of considerable magnitude. Anyone who is convicted of this can be sentenced to one or more years in prison depending on the severity of the crime.
When charged with assault and battery, the first thing a person must do is to retain an experienced and competent criminal defense attorney. The attorney will examine the situation, analyze the circumstances and then try to figure out a way to either lessen the charges or get them eliminated altogether. During the defense process the attorney will attempt to address the court that the person who committed assault and battery was someone who was in danger of experiencing physical harm and was acting out in self defense. This is among the most common ways to avoid and overcome this criminal charge.
If a person is arrested for such an offense then they need to immediately get access to a lawyer who specializes in criminal defense. Once this is done the person charged will likely be let out of jail and be ordered to go to court. Once the person goes to court they then are asked to plead either guilty or not guilty. Depending on the circumstances and from the attorney’s outlook the person charged will need to make a decision.
If a conviction is likely due to the circumstances then they plead guilty and plea bargain to get a light sentence or probation. However if there is much reason to believe that the assailant was in a defensive situation then they plead not guilty and then a trial is set. During the trial a jury is chosen to examine the case and the defense and prosecution go over the case. After about a week the jury then decides the fate of the criminal defendant. If guilty then a sentence is imposed and if not guilty then the defendant is acquitted.
If you are ever charged with assault and battery the best thing to do is immediately get a criminal defense attorney, discuss the circumstances and then you and the attorney will examine and address the matter from this point on.
