Assault charges and domestic violence may contain similarities, but they vary in the penalties that may result and the methods an attorney could challenge them in court. A person charged with either offense could consult a seasoned domestic violence Attorney at Leifert & Leifert to understand their legal options. Our knowledgeable Lawyers have experience in handling both types of cases and could use the law to dispute any charges you may be facing. Call us today to learn more about the differences between assault and domestic violence in West Palm Beach.
Behaviors Constituting as Assault and Domestic Violence
Assault is a behavior that generates a fear of imminent bodily harm. Words alone cannot equal assault since an assault is a threat to commit bodily harm with the ability to immediately carry that out.
Domestic violence is any unwanted touching or contact, or threats on a person with whom one has or had a domestic relationship in the past. The individual may be a past or current boyfriend, a husband, wife, parent, or child committing an act of violence or threat of violence on a person. This may be considered domestic violence since the parties are either related in a familial relationship or are in some type of living arrangement or domestic relationship. The violence does not have to be husband-on-wife or partner-on-partner, as it could be applied to extended members of the family as well.
Are Domestic Violence and Assault Charged Differently?
Domestic violence and assault are charged differently since there are different elements of both crimes. An assault could be a threat to commit bodily harm while domestic violence is a pattern of abusive behavior such as bodily harm, sexual abuse, emotional abuse, and stalking. If someone is struck, they may have been threatened beforehand and could believe the threat constitutes domestic violence. Whether the crime is an assault or battery, it is still an act of violence. They may not be the same since different elements are involved with each crime that could make them different offenses. Speak to our Lawyers at Leifert & Leifert for more information about the differences between assault and domestic violence in West Palm Beach.
How Domestic Violence Cases are Treated
While domestic violence cases may be treated differently from assault cases, there are similarities. Both actions might result in an arrest. The person charged with either offense could be required to go to court and both charges may necessitate hiring a Lawyer. The offenses are treated differently because of the various levels of the crime. An assault is a threat to carry out an act of violence against another individual while domestic violence is the act of committing harm to someone else.
An assault is a lesser level of domestic violence and a battery is a higher level of domestic violence. Threats and words and other indicators of a threat to commit bodily harm are treated differently than a person who physically does bodily harm that the law considers domestic violence.
Speak With a Seasoned Attorney in West Palm Beach
The defense strategies for domestic violence and assault are similar but still somewhat different. With assault, one of our criminal lawyers may have the family members engage in therapy, counseling, or better ways of communicating so the levels of anger do not reach the critical point where law enforcement needs to be called.
Physical violence crosses a line and there is a different strategy to rectify the situation when acts of violence are allegedly committed. Physical violence requires a different course of therapy that teaches someone how to better control their impulses and anger to avoid resorting to physical violence. The person learns to use verbal communication or disengage from the situation so that it does not turn into violence.
The strategy differs when there are just words and anger and threats versus actions that caused bodily harm to another person. The defense lawyer’s strategy may depend on the specific facts alleged in the case. If you have been accused of assault or domestic violence, call our seasoned Lawyers at Leifert & Leifert who are knowledgeable about the differences between assault and domestic violence in West Palm Beach.