Plymouth Assault Lawyer

January 20, 2021

Plymouth Assault Lawyer

Facing Assault Charges in Plymouth? Contact Plymouth assault lawyer, Aaron J. Boria for aggressive criminal defense representation (734) 453-7806.

There are two common types of assault charges addressed below, assault, and battery.

Assault Charges

Basic assault is charged when it is alleged that you threatened to hit someone or put that person in fear of being hit.

An assault by itself does not require that you make physical contact with the other person, only that you could have.

In order to be found guilty of this charge the prosecuting attorney must be able to prove beyond a reasonable doubt that you intended to put someone in fear of being hit, that you were close enough to carry out that threat, and you actually did put that person in fear of being hit.

Words alone do not constitute assault. If you were to far away to actually hit the person then you cannot be convicted of assault.

If you never meant to scare the person and whatever scared the person was an accident then you cannot be convicted of assault.

If the person wasn’t threatened by you then you cannot be guilty of assault.

Assault and Battery Charges

Assault and battery focuses on the battery aspect. A battery is defined as an intentional and offensive touching. A shove can be a battery; it does not have to be an actual punch.

In a battery charge, the prosecutor must prove beyond a reasonable doubt that you came into physical contact with another person. The contact must have been intentional and with the purpose of being offensive. The person you came in contact with must have found it offensive.

If you never meant to touch the person you cannot be guilty of battery.

If your contact was on accident or mistake then you cannot be guilty of battery.

If the person was not offended by the touching then you cannot be guilty of battery.

If you were acting in self-defense or the defense of another person then you cannot be found guilty.