What Is Aggravated Assault and Battery?
A criminal charge of assault and battery can occur by putting someone in fear of impending harm through a threat of physical contact or actual physical contact. Actual physical contact is not required for someone to be charged with assault. Battery requires actual physical contact. Under federal law, assault and battery can be enhanced to the more serious charge of aggravated assault and battery upon one of the following:
- A dangerous weapon is used on a victim with the intent to cause harm with the brandished weapon. (Threats are not enough)
- A serious bodily injury results from the assault
- The intent exists to commit another felony
Many different actions can heighten an assault and battery charge up to an aggravated assault and battery charge. The information related to a situation will decide what type of aggravated assault and battery charge can be authorized under federal law at 18 USC 113. If you are facing federal criminal charges, then it is important to speak to an experienced federal criminal defense attorney as soon as possible.
What Are the Potential Penalties for Aggravated Assault and Battery?
The sentence for an aggravated assault and battery conviction will be based on federal criminal sentencing guidelines and the interpretation of those guidelines. The guidelines are used to look at the facts and circumstances of a specific case to help the presiding judge decide on an appropriate sentence. Aggravated assault has specific interpretations and legal guideposts that are used to decide the appropriate sentence upon conviction. A conviction for federal aggravated assault and battery can have a maximum of three, five, ten, or twenty years in federal prison, depending on the situation. Probation, fines, restitution, and other court costs can also be levied against you if you are convicted of aggravated assault and battery. Make sure to closely inspect your charges as federal aggravated assault and battery can be charged in various ways that carry different penalties for conviction.
What Are Some Examples of Aggravated Assault and Battery?
Most assaults are handled by the state. There are guidelines that the states use to handle assaults. But for a person to be charged with federal aggravated assault and battery, that person must be in a special place where the law applies. If someone hits someone else with a crowbar in the right place under the correct circumstances, then that person can be charged with aggravated assault and battery.
If someone threatens to shoot someone or actually shoots in another person's direction, they can be charged with a crime such as aggravated assault and battery. The charge can be more serious, such as attempted murder, depending on the situation. In another example, if someone commits an assault while committing another crime, like robbing a bank, they can be charged with aggravated assault and battery as well as the other felony charges related to the robbery.
What Are Some Examples of Defenses to Aggravated Assault and Battery?
If someone is attacking you and you defend yourself, that can be seen as self-defense. There are specific situations when it is okay to use force to defend yourself. How much force and when you can use force depends on the facts of the case. If someone was trespassing in your house and you attacked them, then this could also be seen as self-defense. If your self-defense is more than what was needed, the jury might not find that it was proper self-defense.
There are different defenses that can be used for a charge of assault and battery. These include mistaken identification or false statements from witnesses. If there are no aggravating factors, such as the use of a weapon or bodily injury, the charges can be reduced to regular assault and battery. Every case is unique, so it is important to have a professional evaluation of your case by an experienced federal criminal defense attorney to determine what defenses are available to you.
In What Court Will Your Case Be Heard?
There is one United States District Court for the state of New Jersey. This court can be found in one of three physical locations, Camden, Trenton, or Newark, New Jersey. If you have a federal criminal case in New Jersey, then it will be heard in either of these courts. If you lose your case in a federal district court, then you can appeal to the United States Court of Appeals for the Third Circuit. The only court higher than this is the United States Supreme Court.
How Hiring an Experienced Attorney Can Help
If you are facing criminal charges, it is important to have an experienced lawyer on your side. Your lawyer can help you understand the charges against you and what evidence the prosecution has. This information is important for defending yourself. An experienced lawyer can also help you decide if it is best to take the case to trial or work out a resolution.
Your attorney can also help work out a resolution for you if you choose not to fight your case at a trial. Before making any decisions about what to do in your case, make sure you understand everything about the accusations that you are facing and what can happen to you if you are convicted. Contact us today with questions!
Why Hiring Lento Law Is the Right Choice
If you are being investigated or prosecuted for aggravated assault and battery, then it is important to speak to an experienced federal criminal defense attorney immediately. Attorney Joseph D. Lento has helped people defend countless criminal charges in several jurisdictions. Call the Lento Law Firm today at 888-535-3686 to learn why hiring the Lento Law Firm is the right choice to help defend your case.