Understanding The Difference Between Assault VS. Battery
There are a lot of things that changed during the quarantine. You have to stay home, and you have to stay with your family and your loved ones. This doesn’t sound too difficult, right?
Maybe that is the case for you. You have a blessed life that you can spend your days enjoying staying indoors with your loving wife and kids.
Sadly, there is a reported rising number in domestic violence, much more now that people are now compelled not to leave the house to prevent the spread of the virus. Some cases happen because of the frustrating life of cohabitating, and it cannot be denied that another reason this is apparent is the cut in the workforce.
Unemployment can decrease or completely wipe out the income of a family. It can lead to more arguments on how they will manage their finances and lead to assault.
Assault Vs. Battery. This is a two distinct offense, but they are interrelated.
Someone will be charged with an assault if they are meaning to cause harm to another person. This can be implied as a threat or actually committing the act. This grave crime must be treated as it can leave a mark on the offended party.
The offender doesn’t need to have physical contact with the offender. Still, to frame them, they need to be caught in the act of actually threatening the victim accompanied by physical actions.
How is this related to domestic violence?
The answer is pretty simple. As the voices raise with aggravating words, some offenders may use objects such as plates to imply a physical assault on their spouse or directly hit them with their own hands.
What Is Sexual Assault, Then?
Sexual assault also happens in the household. The offender may force his way into coercing their partner into partaking in sex, but if they refuse, this could actually hit their partners and induce trauma in the victim’s mind.
As the victim develops trauma, they can be subjected to more abuses into other aspects such as psychological and emotional abuse, as this act has cultured an unsafe environment for them to live in. As things worsen, physical and sexual abuse can happen and threaten them by leaving or taking something from them or cutting them off financially.
So, how was it interrelated with battery?
Battery offenders do this to have physical contact with or without the other person’s consent. When the victim thinks they have been touched or received unsolicited physical contact with the offender, it is ruled to assault.
- The person can be convicted of battery when the defendant touched the victim even though they don’t consent.
- The person can be convicted of battery when they know that what they do results in impudent contact.
Consent Plays A Big Role In This Case.
It is a must that one receives consent from their partner before partaking in the act. This is not just a simple yes or no, or verbal communication between the two-person. Things such as the comfort of each person in each other and making sure that they are okay with it are crucial.
And if the other person changed their mind, they must not feel the pressure into still doing it. They have the freedom to say no.
What You Need To Know About The Report Filing And Evidence Gathering Process
If you are already convicted of the crime, you will undergo rigorous testing and trials. This process starts with the victim filing a report or has their friend or family member come to the police station and do it for the victim.
This will lead to an investigation, which will indeed take a drastic turn in your life. They will do whatever it takes to gather DNA evidence from you or the location where the incident is reported.
They will also have to search your property and belonging with a search warrant and invite the offender to a police interrogation. Not only will they hold you accountable, but they will also look for other eyewitnesses to interview to solidify the case held against you.
And if there is physical evidence such as video recordings, you can expect that this will be treated faster to avoid you and your partner from being together.
While this process can be utterly daunting because of the rigorous process, you still have the right to practice. These rights are essential to practice to avoid causing colossal harm on your part, and you will undergo a rightful process.
You can have someone to protect you and testify on your account. Your hired lawyer will help you recognize your rights and orient you on the process to help you prepare for the case.
Your Defense. You Have A Choice
You will have to consult your lawyer about the appropriate measures to build a strong defense against those filing a case against you. The earlier you have this settled with your lawyer, the more you will have the ability to clear your name from such allegations.
Some of the appropriate measures that you and your lawyer can do as a countermeasure the allegations:
- Know if you are genuinely innocent
- You have the consent of the victim
- You only touched someone by accident and don’t mean it to cause such harm.
When you have guaranteed that you will be undergoing a court hearing, you must know the factors affecting your case hearing process.
After being convicted, you will proceed with the plea whether you will be guilty or not guilty. Sometimes your attorney may advise that you can plead guilty, but you will always go with the default mode if it is not recommended. Plead not guilty.
If your case can be set with bail, you may pay it but still have the legal representation for the rest of the process and go to the trials.
The trials that can take place are:
- Pretrial process
- The actual trial
- The verdict
- The sentence.
In the pretrial process, you will be called upon along with the witnesses, and the pieces of evidence held will be examined and solidified for the actual trial.
The actual trial can take longer depending on the severity of the crime. If it is not as severe, it can take a day, but you will be expecting to show up on multiple days or months if it is extreme.
After going on the trial, you will be called to be notified about the judge’s verdict and issue the sentence if you are found guilty.
Back Yourself Up With The Best Lawyer
Getting an attorney is not proving that you are guilty. It only means that you are reasonable enough to practice your rights and want to clear your name from the case.
It is necessary to have a lawyer by your side because you can have a confidant who can fight for you against the prejudice of the crime.
You can find the best criminal defense attorney in Sacramento. Yuri Hill has been practicing law with an intense passion for defending accused criminals or already charged with one. They want you to have the best chances of getting out of this case unscathed.
Or, if you are already convicted of the crime, hiring a lawyer with expert guidance and representation of Yuri Hill can optimize your outlook on the case and protect you from questionable processes.
Reach Out To Yuri Hill 24/7
They believe that you and your best interests are important. With an active online platform and hotline, you can always schedule an appointment and confidently talk to them.