Battery with Intent to Commit Robbery Attorneys

Although assault and battery are terms that are used interchangeably to refer to the same crime, assault and battery are actually two separate crimes. Additionally, assault and battery refer to committing both of these crimes simultaneously.

Assault and battery are two crimes that frequently occur simultaneously under criminal law. Therefore, before discussing the combined crime of assault and battery, it is helpful to discuss the differences between the two crimes.

Assault generally refers to the criminal act of intentionally causing another person to reasonably fear imminent bodily harm or offensive contact.

Although the specific laws of the jurisdiction hearing the case govern this definition, the general standards are as follows:

• The defendant must have intended to cause reasonable fear of harm to the victim. This means that an accidental act will not generally result in assault charges. The act must be intentional;
• The victim must have reasonably believed they would be harmed or offended by the defendant’s conduct. Another way of putting this is that the victim must be aware of or be able to appreciate the defendant’s potential to harm or offend them;
• This belief of impending injury must be both reasonable and one that creates a sense of immediate and physical danger. This belief cannot be based on a future act and must be more than a verbal threat, although there are some exceptions; and
• The defendant must show a present intention to harm or offend the victim through a physical act.

Some common examples of assault include, but may not be limited to:

• Attempting to spit on the victim;
• Miming the act of hitting, punching, or kicking;
• Wielding a deadly or non-deadly weapon in such a way that suggests the victim will be hit with that object; and
• Pointing a gun at the victim, regardless of whether the gun is loaded.

A battery occurs when unauthorized force is applied against another person’s body, resulting in offensive touching or actual physical injury. There are various types of batteries, which are dependent on each state’s laws.

Victims are categorized according to their class.

A battery can be subdivided into other categories, such as:

• Battery against law enforcement;
• Battery against children;
• Battery against spouses; and
• Battery against the elderly.

Some battery charges are considered aggravated depending on the victim’s class. Such charges will result in felony charges instead of misdemeanors.

Battery is a crime. This crime is the intentional, willful, and unlawful use of violence or force against a victim without their consent. By itself, battery is a misdemeanor. The punishment for a misdemeanor is a maximum of 6 months in jail or a fine of up to $1,000. A person who is charged with committing battery may face a harsher sentence if there are aggravating factors involved in the commission of the crime.

How Are Assault and Battery Punished?

The terms assault and battery should not be confused, as previously mentioned. It is largely because jurisdictions treat them separately. The main difference between battery and assault is that battery requires force and actual contact. In contrast, assault requires the victim to believe or be aware that they are in danger of imminent harm, even if no actual injury occurs. Assault and battery are both attempts and acts of injuring another person.

Assault and battery charges have different penalties depending on whether you are charged with simple assault or battery or aggravated assault or battery.

In this scenario, the judge could order a harsher penalty and sentence if the victim suffered a serious injury or if it was determined that the defendant intended to kill the victim. Judges may also impose a harsher penalty if other aggravating factors are present, such as a specific identifying characteristic of the victim.

Some common examples of potential punishments include, but may not be limited to:

• Imprisonment, the length of which is determined by the severity of the crime;
• Parole or probation;
• Court ordered mandatory anger management classes;
• Significant fines, the amount of which are determined by the severity of the crime; and
• Loss of the right to possess firearms.

A criminal record will also be created for the defendant due to the crime.
You may also be held civilly liable if you commit assault and battery. Your victim could sue you for causing them harm.

In the event that their case against you is successful, you may be liable for the following costs:

• Physical injuries;
• Pain and suffering;
• Out-of-pocket medical expenses;
• Hospital expenses;
• Prescriptions; and
• Wages missed from work because of the injuries sustained.

What Are Aggravating Factors for a Battery Charge?

As a result of aggravating factors, the underlying criminal offense becomes more serious, resulting in more severe punishment. Several aggravating factors can raise the battery to a felony, including:

• Domestic violence
• Resulting in substantial injury
• Committed with a deadly weapon
• Committed when the perpetrator intended to commit another crime such as robbery

What Is Robbery?

Robbery is a form of felony theft. It is the taking and carrying away of property owned by another individual without their consent. The person takes the victim’s property with the intent to permanently deprive, or take the property.

In order to obtain the property, the person uses the following methods:

• Intimidation
• Force
• Violence
• Threat of force or violence

What Is Battery with the Intent to Commit Robbery?

Individuals commit this crime when they use unlawful force against a person against their will. Force results in offensive touching or physical harm to the victim. As the perpetrator attempts to commit a robbery, the battery is committed.

What Are Some Assault And Battery Defenses?

To be charged with assault, the victim must have reasonably feared that they would be harmed. It must be proven that they were actually injured in order to charge them with battery. The claim will fail if any element of the assault or battery cannot be proven.

Defenses available for assault and battery charges will vary greatly based on specific circumstances surrounding each case. Among the general legal defenses used in assault and battery cases are:

• The Claim Cannot Be Proven: Each element of the charge must be proven. To commit an assault or battery, the defendant must have intended to do so. Neither assault nor battery can be proven if it can be shown that they did not possess such an intention;
• Intoxication From Alcohol Or Drugs: If the accused became voluntarily intoxicated by drugs or alcohol, this would not serve as an acceptable defense. If they were drugged or unknowingly became intoxicated, this defense will not work;
• Mental Illness: Mental illness, or another medical condition that creates an incapacity for forming intent, may serve as a defense to reduce the punishment. Psychiatric care is likely to result from a successful plea of insanity;
• Simple Mistake: The defendant may not have meant to commit an assault or battery. Whether the defendant acted intentionally depends entirely on whether it can be proven;
• Self Defense: The person claiming self-defense must prove they were afraid they would be harmed and did not act first. Moreover, they must prove that they had no choice but to retaliate physically;
• Defense of Others: Similar to self-defense, the accused must prove that they had a reasonable fear that someone else would be harmed instead of showing that they themselves were afraid of being harmed;
• Defense of Property: The defendant will need to prove that they had a reasonable fear that their property would be damaged, and there was no way to respond but with assault or battery;
• Consent: If the alleged victim consented to the act, this could serve as a defense. An example of this would be playing a contact sport, such as wrestling;
• Privilege: Some are granted the privilege to commit assault and battery with impunity. An example of this would be how law enforcement is allowed to commit assault and battery when they claim it was necessary for their job; or
• Mistaken Identity or Alibi: A potential defense would be if the defendant can show that they were not at the scene and have an alibi to prove it. Another defense would be if the alleged victim misidentified their attacker.

Do I Need to Speak with an Attorney?

Obtaining good legal representation for your battery with the intent to commit a robbery case can mean the difference between a long prison sentence and no sentence whatsoever. Contact a criminal attorney immediately to determine how to proceed with your case.