If you’ve ever been privy to a bar fight or a really heated argument, you may have come across the term “common assault and battery”. And whether you believe you’re on the giving or the receiving end, it is important to know what is actually meant by the term.
So, What Is Common Assault And Battery?
Common Assault and Battery (CAB) is a crime that occurs when someone intentionally causes another person bodily harm without their consent. This type of crime is usually committed against a family member or intimate partner. Common Assault and Battery is often considered a misdemeanor offense in some states.
This type of crime is typically prosecuted under state law. The victim has the option of pressing charges. If the victim chooses to press charges, they will file a complaint with the police department. The police will then investigate the case and decide whether to prosecute the defendant.
What Are The Usual Penalties For Common Assault And Battery?
The penalties for this type of crime vary depending on the jurisdiction. In most cases, the penalty can be up to one year in jail. However, it’s also possible to receive probation or community service instead of incarceration.
In addition to criminal prosecution, victims of CAB may also pursue civil remedies through a lawsuit. A civil suit seeks monetary damages from the perpetrator of the crime. The amount of money awarded depends on the severity of the injury caused by the assault and battery.
What Happens If I Get Accused Of Common Assault And Battery?
If you find yourself being charged with common assault and battery, it is imperative that you hire an experienced criminal defense attorney as soon as possible. An attorney who specializes in defending people accused of crimes like these should be your first line of defense. They will help you understand your rights and options during the legal process.
You need to remember that the prosecutor will use any evidence that he/she can gather to prove that you committed the crime. So, if you were arrested at the scene of the incident, don’t leave anything out!
An attorney will work hard to protect your rights and ensure that you are not convicted of something you didn’t do.
Why You Should Have An Attorney To Defend You
When you are facing criminal charges, having an attorney by your side is essential to ensuring that you are represented properly throughout the entire legal process. There are many reasons why hiring an attorney is so vital:
1. Your attorney will take care of all the details involved in the case.
2. Your attorney will make sure that you follow the correct procedures.
3. Your attorney will keep you informed about every step of the way.
4. Your attorney will represent you in court.
5. Your attorney will negotiate with the prosecutor on your behalf.
6. Your attorney will make certain that you are treated fairly.
7. Your attorney will provide expert testimony on your behalf.
8. Your attorney will handle all the paperwork related to the case.
9. Your attorney will make decisions regarding your case, based on what is best for you.
10. Your attorney will defend you against false allegations.
And that’s just the brief version of the list!
Where employing the services of an attorney really comes into its own is when it comes down to the nitty-gritty. Attorneys live and breathe the law, so they are ready and armed with knowledge of the law, and with the skill, experience, and determination to fight your corner.
For example, did you know that there’s a difference between assault and battery in the law? Well, a defense attorney sure would, and it could make a very significant difference to your case.
Assault and battery are not the same offense. When someone has caused a real, tangible, physical assault on someone, this is classed as battery. Assault on the other hand can be the mere threat of harm. And those are two very easily distinguishable matters for a judge to consider. And as such, this means that there are different penalties attached to each.
And that’s just one example of how an attorney’s knowledge may help you win your case.
The Bottom Line
If you have been charged with a crime, it is important to seek counsel from a reputable defense lawyer as soon as possible. A good attorney will be able to guide you through the legal system and ensure that you receive justice and don’t incur an undeserved penalty.