Legal procedures against crimes like battery and assault

 



Difference between a battery and assault 

An 'assault' and 'battery' are two separate crimes, but most of the time, they happen together, and hence together, it is called assault and battery. There are slight differences between an assault and a battery. It is crucial to see the difference between the two.

What is an assault?

 Generally, an assault means intentional harm.

  • The threat of harming someone, instead of harming the person, in reality, is also called an assault.
  • In the case of an assault, the victim doesn't need to get harmed physically and put to death.
  • Any sort of fear caused to the victim is generally called an assault.
  • An assault is also known as “attempted battery.”

But only scaring someone verbally does not mean an assault. But if a person is sacred by a weapon, then that can fall under assault. Thus any threat with any variety of acts of scaring can fall under assault.

What is the battery?

The battery is harming a person. While in an assault, the victim is threatened; in the case of the battery, the victim is physically harmed. Although assault and battery are slightly different from each other, most of the time, a person is charged with both. And in many places, assault and battery are joined together.

However, not all acts of touching are considered battery.

  • To touch without consent.
  • Intentional touching.
  • And harmful and offensive touching.

If these things happen, the crime falls under the battery.  

 

What to do when faced with such offences?

If any individual faces such violence of assault and battery, they can get a restraining order from the court. A restraining order is also known as a protective order. It protects a person, business, company, state, etc., from violence. In the United States, all the states have a restraining order against domestic violence, stalking, and sexual assault.

Legal punishments for violation of restarting order

In Massachusetts breaking a restraining order is considered a criminal offence. If anyone breaks a restraining order, the court can sentence that person to a maximum of two and a half years of jail. And can ask to pay a fine of $5,000.

The ground on which the order is issued

However, the actual punishment of a person who has violated a restraining order depends on varieties of factors-

  1. Reason for issuing a restraining order.
  2. Allegations for the violence.
  3. The criminal record of the person.
  4. Assessment of the threat given to the victim.
  5. The extent to which the restraining order was violated. And the reason for doing so.

Consult a lawyer

If you face any such crimes of assault and battery from a person, you may file a case against the person. You may also need to consult a lawyer.

To sum up 

In such cases consulting a good, experienced lawyer is crucial. You can contact Peter G. Degelleke. They are the best law firms in Massachusetts. You can get the help of experienced lawyers in such cases. They have been doing this job since 1977. They treat their clients well. They give time to the clients, listen to them. They collaborate very well with the clients and provide solutions after having a detailed knowledge of the case. They are always ready to face any challenge and any situation, no matter how tough it is. You can rely on them and will get the best solutions to your problems.

Source:- https://concordmasslaw.wordpress.com/2021/02/22/legal-procedures-against-crimes-like-battery-and-assault/

Location: 133 Great Rd, Bedford, MA 01730, USA

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