What is Assault:
An assault occurs when a person is placed under a reasonable apprehension of receiving a battery. For example, if a person makes a fist and acts as if he or she is going to punch a person, but stops short and does not actually does not punch the person.
How is Assault different from Battery:
Where as assault is the threat of force, a battery is the actual force. So, pretending that you are going to punch a person might be an assault. However, actually punching the person is the battery.
Assault and Battery:
The act of someone going to punch another is the assault and the actual punch is the battery. Therefore, you may typically hear the term of “Assault and Battery,” as a single phase.
How to Win Your Case:
First principal in winning a case is to know that you will likely have to go to court more than one time. The first time in court is simply for a person to enter a plea of “guilty” (I did it) or “not guilty (I did not do it). Also, at the first court appearance your attorney will enter his Appearance. This mean that he will let the court know in writing that he is your attorney. Furthermore, during the first court date your attorney should receive the “Discovery.” Discovery is the evidence the state has against you. Discover consists of police reports, witness statements, video (if there is any). Once these procedures are complete the case will be continued for your attorney to review the Discovery. Once your attorney has reviewed the Discover, pre-trial motions can be filed or the case can be set for trial.
A judge usually does not like if your attorney files pre-trial motions without reviewing the discovery. These judges will say, “how do you know there is a problem, you have not even reviewed the Discovery.” For this reason, I file any pretrial motions one the second or subsequent court appearance.
Winning your case means you have to be prepared to be patient.
What if I Want the Case over with on the First Court Date:
If you want it over with fast, then if usually means your attorney has to work out a deal on the first court date.