Washington DC Assault & Battery Lawyer

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Do I Have a Case?

Fill out this form for a FREE, confidential, risk-free legal consultation.

Legal Definition of Assault and Battery

The terms "assault" and "battery" are often used interchangeably, but they have distinct legal definitions.

Assault

Assault refers to actions where an individual intentionally threatens or attempts to cause harm to another person. This can occur without any physical contact. For example, verbal threats or gestures that make someone reasonably fear imminent harm fall under the category of assault. Regardless of why this threat was issued, you may find yourself facing assault charges. You could experience assault without any physical injuries or even being touched. If you find yourself in a situation like this, you will need to call The Cochran Firm DC for help.

Battery

The term "battery" generally refers to the application of force or violence against another person. This is considered a more severe form of assault. Battery charges will usually result when an act of harmful contact is initiated without the consent of the victim. When someone uses physical force, resulting in serious injuries to the victim, this broader category of assault is often what people understand as battery. Even if the contact was accidental, it can still be considered battery. Some people mistakenly think that if a person does not require medical attention for injuries sustained during contact, a battery charge cannot be filed. This is not the case, which is why calling us immediately after being charged with battery is wise. When contacting us about these matters, you will be able to get the following help:

  • Help with getting the charges against you dropped or lessened.
  • Negotiating a diversion program is applicable. These types of programs will allow you to enter a rehab to avoid jail time. The severity of the assault and battery charge plays a huge role in whether or not this strategy can be used.
  • Trying to negotiate probation instead of a prison sentence.
  • Attempt to plea bargain to keep this matter out of the courtroom.

Statistics about Assault and Battery Cases

In order to determine what type of defense to use for your case, we spend time pouring over data released by government agencies regarding assault and battery. Below are some of the statistics you should know about this type of crime.

  • Females are more likely than males to be involved in an assault and battery experience with an intimate partner.
  • Nearly 23% of all assault and battery cases occur between people in a romantic relationship.
  • 5 in every 1,000 people will be the victim of an assault in this calendar year.
  • Over 996,000 aggravated assaults were reported last year.
  • Nearly 302,000 arrests were made in assault cases last year.

These startling statistics only go to show you just how common this type of criminal charge is. You will need to get the right legal representation in order to beat an assault and battery charge.

How Does the Legal System address these cases?

The court system recognizes several types of domestic relationships in assault cases. These relationships are categorized to ensure that all relevant situations are covered:

Intimate Partner Violence

Assault committed against a spouse, domestic partner, or an individual involved in a romantic or sexual relationship with the offender. The victim and the offender do not have to be currently involved for it to be considered intimate partner violence.

Intrafamily Violence

Assault or threat of assault against a person related by blood, marriage, adoption, domestic partnership, or legal custody. This can involve step-children, cousins, siblings, step-siblings, etc.

Interpersonal Violence

Assault against a person who shares a residence or who has an intimate partner in common with the offender. For instance, if a woman's ex-husband commits an act of violence against her current husband, it would be considered interpersonal assault.

The legal complexities of assault and battery charges, especially within the realm of domestic violence, can be a challenge. Legal professionals in this area often provide not just legal assistance but also local resources to help you and your family move out of harmful situations while seeking the maximum compensation possible for your injuries.

Types of Assault

In order to understand the charges you are facing, you will need to become familiar with the different types of assault out there.

  • Felonious Assault- When an unlawful attack is accomplished through force and injuries occur, a felonious assault will usually result. Usually, when weapons are used this is the type of assault charge that will be issued by law enforcement.
  • Simple Assault- If a weapon is not used during an altercation, but injuries still occur, then a simple assault charge may be filed.
  • Physical Assault- This type of assault is classified as grievous bodily harm being done. This type of charge can also be caused an aggravated assault if any type of weapon is used.
  • Sexual Assault If a victim is forced against their will to engage in sexual activities and injuries result, a sexual assault claim will generally be filed.
  • Verbal Assault- When verbal threats are made that make a person feel unsafe or at risk, then they may be able to press verbal assault charges.

If you are facing any of these types of assault charges, call us to get some advice. The Cochran Firm DC is here to assist you during this difficult time. Our team will have no problem helping you figure out what type of defense needs to be used in your case.

Defenses Used During Assault and Battery Cases

We use a variety of different defenses when trying to get our clients exonerated of assault and battery claims. Below are just some of the defense strategies we have used in the past.

Self Defense

Among the most used strategies in assault and battery is self-defense. In order to be successful with this type of strategy, lawyers will have to prove that the defendant felt they were at risk of being harmed before making contact with the other party.
However, self-defense is not the only justification for assault and battery in Washington, DC. Other defenses include:

Defense of Others

If the defendant believed another person was in imminent danger of being harmed and had reasonable grounds for that belief, they might be justified in using force.

Defense of Property

This involves using force to prevent someone from damaging or stealing property. While deadly force is generally not accepted for property defense, it may be justified if there is a reasonable belief that serious harm will occur.

Mistake or Accident

If the defendant accidentally bumped or knocked into someone, an assault claim could likely be dismissed.

Limitations on Self-Defense Claims

An individual may not claim self-defense if:

  • They are the aggressor.
  • They deliberately put themselves in a position where their presence would provoke aggression.
  • The use of force is not justified when the individual was only verbally assaulted.
  • Assault on a police officer is not considered self-defense, even if the stop or arrest is unlawful, unless the officer uses more force than necessary.

With the help of our law firm, you will be able to figure out what type of defense strategy is the best one for the circumstances surrounding your charges.

With the help of our law firm, you will be able to figure out what type of defense strategy is the best one for the circumstances surrounding your charges.

Let Us Help You!

Call The Cochran Firm DC at 1-800-THE-FIRM for information on how we can help you. We have over 20 years of experience dealing with cases like this.

Contact Us At Washington DC Criminal Defense Lawyer

Remember, no matter the charge, you deserve the chance to defend yourself. We’ll give you that chance (and then some). Call us today at 202-682-5800 to make an appointment, or fill out the contact form on this page to seize the opportunity to protect your future.

Call us for a Free Consultation at 1-800-THE-FIRM

The case types above are handled by attorneys who operate independently of The Cochran Firm DC, at their own physical location and with separate ownership and management.

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