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What is an assault?
Assault involves harm or potential harm to another persons body. Assault and battery is the most basic of these offenses. However, it is not the only offense that involves bodily harm. Mayhem, as well as forcible rape, or forcible sexual assault can result in bodily injury also. These offenses involve specific injury, whereas assault and battery involve injury of any kind. Homicides involve bodily injury also, but the difference between injury and homicide is that the victim must die in order for it to be a homicide. In most states assault occurs when someone either strikes another person, or acts in a way which is physically intimidating, giving the fear of immediate physical harm. There are usually higher degrees of assault which involve either severe injury or the use of a deadly weapon. Assault and battery is included as a lesser offense to other violent crimes such a mayhem, manslaughter or rape. This is mostly due to the fact that assault is a constituent of those crimes, and the level of violence in mayhem or manslaughter can be viewed as a more serious form of assault. Violent crimes usually include assault, battery, mayhem, reckless endangerment, terrorizing, and terrorist threats.
Getting a Criminal Lawyer
Assault and mayhem are serious crimes that can leave those accused with fines, jail time and a criminal record. Whether it is a serious felony, such as mayhem, or a simple cause of misinterpreted assault, it is important to receive the best criminal defense possible. An experienced criminal defense attorney will research the case, and look for errors and inconsistencies in the evidence of the prosecution, law enforcement and witnesses. Sometimes charges of assault and battery can be charged under a more serious crime though there is no real basis for the allegations. Your criminal defense lawyer should aggressively defend your rights, and explore all possible options to ensure the best possible result.