Battery & Assault and How They Can Be Sealed

Many people think assault and battery (sometimes called battering) are the same, but they are different charges. Generally, you can be charged with assault when you put someone in fear of immediate physical injury. To have charges of battery, you must injure another person or drug another person without their consent.

Types of Assault And Battery

There are different types and degrees of assault and battery. Assault charges can range from a class C misdemeanor up to a class D felony. The factors that decide the charges depend on if the incident involves a weapon and the defendant’s mental state. Battery charges can range from a class A misdemeanor all the way up to a class Y felony depending on the extent of the victim’s injuries and the mental state of the defendant.Assualt and Battery Morton Law FirmIn addition, if the victim is a family or household member of the defendant, or there was ever a dating relationship between the two, the defendant will often be charged with domestic battery and domestic assault. Orders of protection and no contact orders often occur in these cases. The elements of these crimes are similar to battery and assault in general, but a misdemeanor charge of domestic violence can affect your gun rights under federal law.

You must wait five years to seal your record of a misdemeanor charge of battery or domestic battery, as opposed to the typical 60 days waiting period for most misdemeanors.

What You Can Do

If you have charges of battery, assault, or domestic battery or assault, there are some things you can do before you even see a judge that might help your case. Depending on your situation, your attorney may recommend that you:

  • Get screened by a counseling service
  • Seek counseling
  • Attend anger management classes
  • Do not violate any orders of protection or no contact order
  • Attend alcohol and/or drug classes
  • Attend parenting classes

If you have a charge of battery or domestic battery that is over five years old, contact Bo Morton for a free consultation about sealing (expunging) your record.

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