What to do about a potential assault and battery charge?
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What to do about a potential assault and battery charge?
I recently got in a fight with my ex-brother-in-law. He was helping my ex-girlfriend move out of my house. They had finished and I told him to leave and he just laughed at me. I hit him once and he went down; I didn’t hit him anymore. Now they are telling me that they are going to press charges. What do I do? Should I speak with a criminal law attorney? In Houston, TX.
Asked on June 20, 2011 under Criminal Law, Texas
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Assault and battery are both criminal and civil, which means that in addition to criminal charges being filed, you could also be sued (civil case).
Assault is intentionally placing one in reasonable apprehension of an immediate battery without consent or legal privilege. Assault does not require any physical contact (battery).
Battery is the harmful or offensive touching of another without consent or legal privilege.
If criminal charges are filed, it would be advisable to speak with a criminal law attorney. If a lawsuit is filed, it would be advisable to speak with a personal injury attorney. Your County Bar Association may have a lawyer referral service which could give you the names of criminal defense attorneys and personal injury attorneys.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Yes, you should speak with a criminal defense attorney, since you did commit assault. Furtheremore, at a glance, it appears you do not have any defense, since having been laughed out is *not* in any way, shape, or form a justification for hitting someone. Therefore, your best bet, if charges are in fact brought against you, will probably be to try to negotiate to a lesser offense or punishment, and an experienced criminal defense attorney can definitely help you do that. Also be aware that your ex-brother-in-law may be able to sue you, too, such as for medical costs, lost wages (if he missed work), and if you did substantial or lasting damage (e.g. broke his nose badly), for some amount of pain and suffering, too.
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