Assault and Battery Defense Lawyer

Depending on the circumstances, assault and battery can be treated as a misdemeanor or a felony. So how do you fight assault and battery?

What makes one case a misdemeanor and another a felony?

Whether your case is going to be considered a misdemeanor or a felony will depend on two things:

• Weapon – Use of a weapon tends to increase the severity of a case, making it much more likely to be treated as a felony.
• Injury: If the other party suffered an injury, the severity of the injury is another thing that will determine whether your case will be treated as a felony or a misdemeanor.

How to fight an assault and battery

Assault and battery charges can be fought in a number of ways.
The burden generally falls on the prosecutor to prove the case against you beyond a reasonable doubt. During a jury trial, you can challenge the evidence presented by the prosecutor, while presenting alternative evidence. Prosecutors are also required to show that the defendants were not acting in self-defense when the alleged assault occurred.

civic commitment

When the circumstances are right, and if you are charged with a misdemeanor, the charge itself can be superseded by a negotiated civil compromise, even if the prosecutor objects. The negotiation of a civil compromise must, however, be properly handled by an experienced attorney.