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It’s important to know that often people are charged with assault and battery together. Assault is an incomplete or attempted battery. So a battery is when you have an unlawful touching of another person.
Very often we see this as a punch or a hit but it really can be any unlawful touching. Assault takes place when someone tries to batter another person but the prosecutor is not required to prove a completed act to prove an assault. So say you were in a fight and you swung at someone and missed, that would be an assault.
Having that impact on the other hand would be the battery. Many times we see clients charged with both assault and battery together. Oftentimes we see clients with defenses in these cases.
Some of the defenses might be self-defense or mutual combat. At the Johnson Criminal Law Group our attorneys look at all of the circumstances of the case as well as any possible defenses to help you decide what is the best strategy to take in your case.
