As is true with any criminal charges, the burden of proof lies with the prosecuting attorneys. A sufficient amount of evidence must be available and certain elements must exist in a case for a conviction to be obtained. This week's article will address the elements involved in cases of alleged assault and battery and how to fight such charges in a California criminal court.
Assault is said to have occurred when one person threatens bodily harm to someone else. This threat is one that must be convincing, though. Battery, on the other hand, is the actual use of physical force to harm another person. Not all threats can be considered assault, and not all physical fights can be considered battery.
There are at least two elements that must be present in an assault and battery case for a prosecuting attorney to obtain a conviction. These are that the threat was made with the intention of causing fear of harm and that the threat was carried out. Words without action or intent do not constitute assault and battery.
When charged with assault and battery in California or elsewhere, one has the ability to defend him or herself in court. One may employ an experienced criminal defense attorney to assist with the matter, which may prove to be extremely beneficial. Fighting accusations of assault and battery can be difficult, as these cases are often about one person's word versus the others. However, a thorough investigation into the situation, including a review of evidence may bring to light information that can help with tackling such accusations in court.
Source: FindLaw, "Elements of Assault", Accessed on March 22, 2016