Battery and assault charges are grave sins and quite serious in nature. If one gets convicted of a crime as such, then this would lead to a life altering outcome. If one gets into a tough scenario as such, a criminal defence lawyer would come out being quite useful to you. It is always advised to seek out for legal assistance as it will help you to prevent a conviction. Check this page if you are looking for the best criminal lawyers.
When it comes to assault, it is different from battery or any other sort of criminal charges. Basically, it is defined as any sort of verbal or bodily threat, when an individual has an aim to hurt or cause any sort of injury to someone. If the charges made are based on vocal threat, then it should be accompanied with corporeal ability to carry on with the threat. Plus, it should also place the victim in reasonable apprehension of any injury or harm. The harm need to be imminent though. It’s not mandatory that an individual who has been charged with assault needs to come into any kind of physical contact. Even, the harm done does not have to be regarding any probable severe injury or death. For example, if anyone spits on someone, but it did not come in contact with the victim, even then one could get into an assault charge. To save yourself from such a scenario, you can get in touch with criminal lawyers Perth WA who will be of immense help in clearing out such charges.
Battery charges come with a little difference
Generally, charges for battery and assault are charged jointly. However, when you get into the actual sense, they refer to different meanings. Assault is the danger or risk of a forthcoming harm coupled together with chances of carrying out the threat. Conversely in the case of battery charges, an individual should have done a destructive or offensive damage to someone and has come in contact with the victim. You cannot pose a battery charge on someone if the defendant attempts to harm or hit someone however has not made any physical contact, yet an assault charges can be made against such an individual.
What Are The Factors By Which A Defendant Gets Charged?
There are a wide array of factors based on which a defendant gets charged. A few of them depends on the harshness or severity of the harm done, the scenario surrounding the felony or crime, as well as whether the defendant has had any preceding illegal or criminal records. In a few particular jurisdictions, one could also come across aggravated and simple assault. The charges of assault can crop up, if the defendant has utilized a dangerous or fatal weapon or he or she has attacked any special victim, such as an old person or child.