Most people believe that assault and battery mean the same thing and are just terms that are used interchangeably, but that is false. Although the terms are commonly used together to describe an incident of violence that occurred, these charges are different from one another, and one is often a bit more serious than the other.
Understanding the differences between assault and battery is the best way to understand what types of charges could be filed against a person who has caused problems for you, whether those problems with serious verbal threats or real physical bodily harm. DeZao Law explains the differences to help you understand why these two charges are not the same.
Understanding an Assault Charge
When someone has committed an act of assault, it means that they have likely threatened another person in a serious manner. It is not as simple as a threat of fighting someone, but more so along the lines of threatening to cause bodily harm, threatening to show up at a person’s home or workplace, and even sending threatening messages that would cause anyone to feel uncomfortable while making fear for their lives.
These threats are often taken seriously. A person can be charged without assault without actually getting physical with another person simply based on the threats they have made, which are serious enough for an NJ assault attorney to get involved.
Understanding a Battery Charge
On the other hand, battery charges often have a physical element to them. Someone who has been charged with the battery has been physical with another person in a harmful way, whether they hit the person with their hands, closed fists, or even a weapon. A person is typically charged with battery when they have intentionally caused harm to another person.
It does not matter if a weapon is involved or not because the individual who causes the harm can still be charged with battery. The victim of the attack would need to hire an NJ battery attorney to get help with filing a civil lawsuit against their attacker where they can sue for compensation to cover numerous damages.
It is possible for someone to get charged with both assault and battery. The reason for both charges usually stems from the defendant making threats to an individual and then acting out on those threats by becoming physically violent. Even if the victim does not sustain serious injuries, the defendant can still receive charges that could lead to time in prison or probation, both of which are serious punishments.
Victim of an Assault or Battery in NJ? Let DeZao Law Assist You
As the victim of assault, battery, or a combination of the two, you do have rights. Along with criminal charges, you can file a civil lawsuit for damages based on what the defendant did to cause harm to you. If you would like to pursue legal action against the person who caused harm to you, DeZao Law is ready to help you do just that.
As your NJ personal injury lawyer, we will take an aggressive approach to seek justice for you. Call us today at 855-432-2489 or check out our website where you can fill out your information and send it to us.