Assault & Battery

Assault & Battery

Assault and battery can be filed at the felony or misdemeanor level, depending on the circumstances. There a number of ways to fight these types of cases.

What determines a misdemeanor versus felony?
Injury: extent of any injury is often what dictates the level of the charges filed
Weapon: use of a weapon can also impact the seriousness of charges

Ways to fight charges

There are a number of ways to fight these types of charges. For example, the prosecution has the burden to prove its case beyond a reasonable doubt at a jury trial at which the defense can challenge the prosecutor’s evidence and present any affirmative defenses. To convict a defendant, the prosecution must, in addition to proving every element of a charged offense, prove the defendant was not acting in self-defense.

Civil Compromise

Under the right circumstances in misdemeanor cases, criminal charges can be dismissed, even over the prosecutor’s objection, if a civil compromise can be negotiated. It is important to note that any attempts to negotiate a civil compromise must be handled properly and such negotiations should only be conducted by an attorney or the attorney’s investigator.

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