How can Assault and Battery be defended?

I. Introduction

Assault and battery are two commonly charged violent crimes that often occur together in physical attacks. However, they actually represent distinct criminal offenses under the law. Understanding the differences as well as available defenses against such charges is crucial for anyone facing accusations.

This article will provide an in-depth examination of assault and battery definitions, elements required to prove each charge, types of assaults and batteries, the relationships between them, degrees of crimes, and potential defenses that may apply. Details on associated penalties, consequences, and legal advice for constructing strong defense strategies will also be covered.

Equipped with this legal guide, those accused of assault or battery will be far better prepared to make informed decisions and navigate their criminal cases. The stakes are high, so consulting with a knowledgeable criminal defense attorney right away remains key.

II. What is Assault?

A. Legal Definition

In United Arab Emirates law, assault is defined as:

The threat of imminent harmful or offensive physical contact or action directed toward another person, combined with the ability as well as intent to carry out that threat.

Verbal threats are typically characterized as assault, so long as they credibly communicate intent to cause harm or injury in the near future. No physical contact necessarily needs to occur for assault charges to apply. It’s important to note that in cases where mental abuse is alleged, such as threats or emotional manipulation, prosecutors may need to establish how to prove mental abuse when physical assault is absent.

B. Elements of Assault Charge

For a prosecutor to prove a charge of simple assault, the following elements must be established beyond a reasonable doubt:

1. The defendant acted intentionally
2. The actions constituted a credible threat of bodily injury or harm toward the victim
3. The victim experienced reasonable fear and apprehension as a result

Criminal defense strategies will often focus on creating doubt around one or more of these essential legal components, especially the intent requirement. Was the assault truly intentional or merely a misunderstanding?

C. Types of Assault

There are several categories of simple assault recognized by the courts in UAE:

• Aggravated Assault – Assault accompanied by additional serious circumstances or results considered more severe under criminal law, such as use of a weapon or causing serious bodily injury.
• Assault by Menace – Verbal threats that communicate clear intent to inflict harm or injury.
• Assault with Intent to Commit Specific Crimes – Assault with additional intent to commit related crimes like rape, robbery, murder, etc.
• Attempted Battery Assault – Unsuccessful attempts to batter or strike someone that do not make physical contact.
• Sexual Assault – Threat of imminent sexual offense through coercion, manipulation, or force. In some cases, understanding the difference between sexual harassment and sexual assault is important, as the nature of the threats may differ.

Aggravated assaults as well as those accompanying other criminal intentions typically face more serious felony charges and penalties.

III. What is Battery?

A. Legal Definition

Battery is commonly defined by UAE criminal law as:

Any intentional, unwanted physical contact or touching that is considered offensive, insulting, provoking, or which causes injury or harm.

Battery does require physical contact unlike assault. However, the contact may be indirect through throwing an object that hits the victim. Offensive words alone do not qualify.

B. Elements of Battery Charge

To successfully prosecute battery, a prosecutor must establish these essential legal elements:

1. The defendant acted with intent to make bodily contact
2. Harmful, offensive, or provoking physical contact occurred
3. The contact was unconsented and unwanted by the victim

As with assault, the key element that provides solid grounds for defense is often intent. If contact was accidental rather than intentional, a battery charge may not be supported by sufficient evidence.

C. Types of Battery

There are a few recognized categories of battery offenses under UAE criminal statutes:

• Simple Battery – Minimal contact not resulting in severe injury or involving a weapon. Usually a misdemeanor.
• Aggravated Battery – Battery with a deadly weapon or resulting in serious injury or harm. Typically a felony charge.
• Sexual Battery – Intentional sexual touching without consent.

Degrees of charges and penalties imposed depend heavily on the exact circumstances of the incident, relationship between accuser and accused, and severity of any resulting harm.

IV. Relationship Between Assault and Battery

Assault and battery charges are often closely intertwined as they both involve threats or acts of physical violence against others. However, they have a few key differences:

• Assault is the threat of violence or contact, while battery requires actual contact.
• Being charged with assault does not require physically attacking or touching someone.
• Battery charges can occur without a preceding assault in cases like unexpected intentional physical attacks.
• Someone can be charged with assault OR battery independently, facing accusations of one or the other.

In many cases, assault precipitates a resulting battery, so charges get brought for both criminal offenses concurrently. This is especially true for escalating cases of violent crimes in Dubai. Typically, this happens when:

• Verbal or physical threats of violence lead straight into a violent physical altercation.
• An argument or confrontation escalates into an aggressive attack.
• Provocative words or actions spark retaliation through harmful unwelcome contact.

Layering charges allows prosecutors to pursue multiple angles while providing courts flexibility in convictions should defenses work to cast doubt on one versus the other charge’s essential legal aspects.

V. Degrees of Assault and Battery

Not all assaults or batteries under the law are treated equally. Charges fall under either misdemeanor or felony categories depending on case specifics like:

• Weapon usage – Guns, knives, blunt weapons generally escalate degrees.
• Injury severity – Mild pain, bleeding, bone breaks, unconsciousness become increasingly serious.
• Victim status – Vulnerable victims like children and elderly may elevate charges.

General guidelines for charge severity include:

• Simple Assault – Threat of minor injury typically a misdemeanor.
• Aggravated Assault – Threat of serious harm with weapon often a felony.
• Simple Battery – Minor unwanted contact generally a misdemeanor.
• Aggravated Battery – Intentional severe injury can mean felony.

More severe felony charges likely result in harsher bail terms, fines, and lengthier prison sentences if eventually convicted. Categorization also impacts available defenses to assault and battery.

VI. Defenses Against Assault and Battery

When faced with frightening assault or battery allegations, having an experienced criminal defense attorney in your corner executing the optimal defense strategy can make all the difference.

Common defenses against charges include:

A. Self-Defense

If defending yourself out of a reasonable fear you may suffer imminent bodily harm, use of appropriate force may be justified under UAE law. The reaction has to be proportionate to the threatened danger for this defense to succeed. There cannot be opportunity to retreat safely or avoid the confrontation altogether either.

B. Defense of Others

Similar to self-defense, anyone has the right under UAE law to use necessary force to protect another person against an immediate threat of harm if escape isn’t a viable option. This includes defending strangers from attack.

C. Defense of Property

Property owners can employ reasonable force to halt theft, destruction, or unlawful physical intrusion onto their land. However, escalated retaliation deemed excessive considering the circumstances will still be prosecuted as criminal battery or assault.

D. Consent

Valid legal consent to physical contact eliminates grounds for battery or associated assault charges. However, consent obtained through intimidation, coercion, manipulation, or deceit still constitutes criminal assault and battery. The consent has to be voluntarily granted.

E. Intoxication

Though rare, profound substance-induced impairment rendering someone temporarily unable to control their assaultive or violent actions could potentially excuse resulting behavior entirely. But voluntary intoxication rarely satisfies the legal requirements for defense.

F. Mental Incapacity

Severe mental illnesses severely inhibiting comprehension or self-control may satisfy defense requirements as well in cases of assault or battery. However, legal mental incapacity is complicated and difficult to prove.

What exact defense will apply depends greatly on specific circumstances of each allegation. An adept local defense lawyer will be able to assess the available facts and develop the optimal trial strategy. Solemn representation is key.

VII. Penalties and Consequences

If charges stick despite presented defenses, those found guilty of assault or battery face incarceration, court fines, civil liability, restraining orders, probation terms, and more unpleasant consequences at both state and federal levels.

A. Fines

Fines up to tens of thousands of dollars commonly apply, especially for felony convictions. These pilot monetary punishments, along with other imposed fees and restitution for victim expenses.

B. Jail/Prison Time

Incarceration spanning months to years in prison frequently results for felony assault or aggravated battery convictions. Sentencing guidelines and minimums govern exact imprisonment terms doled out.

C. Restraining Orders

Legal protection orders severely restricting proximity or contact with victims often stem from assault and battery cases. These court orders mandate maintaining physical distance or refraining from interaction completely. Violations incur additional legal penalties and criminal contempt charges potentially.

D. Probation

Courts may suspend jail sentences in favor of probation including mandatory counseling, treatment programs, community service mandates, parole supervision, and living condition restrictions depending on indicted offenses and backgrounds.

E. Anger Management Classes

Convicted defendants regularly have to complete court-ordered anger management programs as well following assault and battery cases. These sessions teach vital mood regulation skills and nonviolent conflict resolution.

Beyond direct sentencing consequences, wider civil implications also accompany charges and convictions for assault and battery crimes creating further legal exposure.

VIII. Getting Legal Help

Facing assault or battery charges threatens frightening destabilizing disruption of life through lasting criminal records, financial burdens defending the case, lost income from incarceration, and destroyed personal relationships.

However, knowledgeable diligent defense counsel intimately familiar with local courts, prosecutors, judges, and criminal statutes can carefully guide accused individuals through the intensely stressful situation protecting rights, safeguarding freedom, dismissing unfounded claims, and securing the most favorable outcomes from a bad scenario.

Competent representation truly makes the difference between profoundly life-changing convictions and resolving matters relatively intact when embroiled in the criminal justice system’s powerful grip. Quality experienced local defense lawyers understand all the ins and outs of building winning cases benefiting their clients. That hard-won expertise and fiery advocacy separates them from lackluster alternatives.

Don’t delay. Consult with a highly rated assault and battery defense attorney serving your jurisdiction immediately if facing such charges. They will review arrest specifics, gather additional evidence, speak with all involved parties, thoroughly research relevant statutes and case law precedents, negotiate with prosecutors, prepare witnesses, craft superior legal arguments, and work relentlessly defending client innocence in the courtroom through trial if agreements cannot get reached.

Top attorneys have successfully defended thousands of assault and battery cases over many accomplished years practicing criminal defense law in the local courts. No charges bring guaranteed outcomes, but representation does make the difference benefiting people in the system.

IX. Conclusion

Accusations of assault and battery must get taken extremely seriously. Potentially devastating personal and legal consequences accompany even misdemeanor convictions, while felony counts mark accused individuals for years hampering life prospects extensively through lasting criminal records.

Understanding exactly what qualifies as illegal assault versus battery, available defenses negating culpability, and punishment risks allows people to make informed choices about confronting allegations targeting them or loved ones. Wise decisions stem from accurate knowledge, not fears or misconceptions.

No one should undergo stressful criminal prosecutions without knowing their rights and options. Laws serve society, not harm individuals needlessly. Equip yourself or family members with proper legal information first when facing assault or battery charges.

Then make sure you have a brilliant defense lawyer aggressively fighting on your side. They dictate the difference between an awful unjust outcome or exoneration by leveraging substantive defenses, legal procedures, and their own skill into protection against false allegations.

Don’t leave life-shaping case results to chance. Knowledge and representation is power when embroiled within the criminal justice system. Use this assault and battery legal guide to take a strong informed stance. The defense attorney you hire will handle the rest achieving justice.

Call us now for an urgent appointment at +971506531334 +971558018669