Assault & Battery

The Cochran Firm, with 26 locations nationwide

Although tort law separates these two terms, under criminal law, assault and battery are considered a single offense wherein a person threatens immediate physical violence of which the person is immediately capable and that threat creates a well-founded fear of violence in the other person.

Consequences for a conviction on the charge of Assault and Battery include:

  • Imprisonment or jail term
  • Probation or parole
  • Mandatory anger management class
  • Significant fines
  • Loss of the right to own a deadly weapon
  • Other

You are more likely to receive stiffer sentences if:

  • You have prior convictions, especially for similar crimes
  • You are on probation or parole
  • Your community and court is in a mood to seriously punish this type of crime
  • Media gives strong negative attention to your case
  • The crime is alcohol or drug related
  • You are unable to show mitigating/aggravating circumstances
  • You are a member of a racial minority and your victim is Anglo/White
  • Other intangibles work against you

Defenses for Assault and Battery may potentially include:

  • Showing motivation by defense of self / others / property
  • Showing insufficient evidence
  • Proving factual innocence
  • Proving threat was not practicable or fear unfounded
  • Other

What can you do to improve the outcome of your case?

  • Gather documentation of your good character (reference letters, employment history, community service, etc.)
  • Exercise your right to remain silent
  • Retain qualified counsel as soon as possible
  • Keep a diary of all significant events and potential witnesses (this information will help your attorney prepare the best possible defense)
  • DO NOT investigate your own case

What can we do to help?

  • Early preparation, including legal research and defense identification
  • Early investigation and identification of all facts helpful to your defense
  • Interview police to minimize or eliminate the case
  • Interview the prosecutor to minimize or eliminate the case
  • Interview all witnesses
  • Reduce or eliminate bail requirements
  • Provide emotional support to loved ones and ensure that they are continually updated as to the status of your case
  • In appropriate cases, negotiate jail alternatives
  • Obtain an evaluation report from a court approved psychologist (to show counseling may be a better alternative to jail)
  • Coordinate a private lie detector test
  • Develop appropriate motions to dismiss the case
  • Develop appropriate motions to suppress evidence

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