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Assault and Battery

Assault and battery is the combination of two violent crimes: assault (the threat of violence) and battery (physical violence). This legal distinction exists only in jurisdictions that distinguish assault as threatened violence rather than actual violence. In most states, an assault/battery is committed when one person tries to or actually does physically strike another, or acts in a threatening manner to put another in fear of immediate harm.

Many states declare that a more serious or “aggravated” assault/battery occurs when one tries to, or does, cause severe injury to another, or causes injury through use of a deadly weapon. Historically, laws treated the threat of physical injury as “assault”, and the completed act of physical contact or offensive touching as “battery,” but many states no longer differentiate between the two.

Probable Penalties & Consequences

Jail time, Probation, Parole, Anger management classes, Loss of the right to have a firearm etc. The wrongdoer may be required to pay for damages, the determination of which is usually made by a judge.

Generally, a plaintiff is entitled to COMPENSATORY DAMAGES that compensate for injuries that are both directly and indirectly related to the wronged party. Some damages are: medical expenses, and lost earnings resulting from the victim’s inability to work.

If Arrested or Jailed

Many of Mark Waecker’s clients have sought his legal guidance immediately following an arrest, while still incarcerated. Those clients use the clock to their advantage, as time is still on their side. Acting quickly and efficiently, Mark Waecker will use assertive strategies to have cases dismissed or substantially reduce potential consequences.

If Contacted by the Police

First and foremost, absolutely exercise your right to remain silent at all times, under all circumstances. Many cases are prosecuted when clients, contacted by a law enforcement agent, mistakenly believe that they can talk their way out of the situation. Often, these are undercover agents acting like ordinary people.

Challenging the skill and training of a law enforcement officer by attempting to discuss your case with them is never a good idea. Instead, immediately assert your right to remain silent and call Mark Waecker directly, or have someone else make the call for you.

The Law Offices of Mark Waecker are available to answer your questions 24 hours a day, 7 days a week. Call (866) 655-8282

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Korean speaking staff available.
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