For more than 25 years, the Law Offices of Myles S. Breiner has represented clients involved in violent crimes. Assault cases can range from serious offenses stemming from organized crime activity to minor acts such as kids fighting with each other. If you have been accused of a crime, count on us to provide a strong defense.
What Is The Difference Between Assault And Battery?
Generally, assault is considered threatening physically to harm another person; battery is physical touching another person without his or her consent. Hawaii has consolidated assault and battery into the following offenses:
- Assault in the first degree — Intentionally or knowingly causing serious bodily injury to another person
- Assault in the second degree — Intentionally or knowingly causing substantial bodily injury, recklessly causing serious or substantial bodily injury or intentionally or knowingly causing bodily with the use of a dangerous weapon
- Assault in the third degree — Intentionally, knowingly or recklessly causing bodily injury or negligently causing bodily injury through use of a dangerous weapon
At first glance, it seems there is no difference between the assault classifications. The difference, however, lies with the assailant's state of mind and the level of injury inflicted. Criminal states of mind are categorized from most culpable to least culpable. For example, first-degree assault requires an intentional or knowing state of mind and a serious injury, whereas third-degree assault can be merely reckless behavior that leads to minor injuries.
What Is Terroristic Threatening?
Terroristic threatening is causing the apprehension of fear or harm to another person, or threatening serious damage to a person's property. Depending on the severity of the threats, the crime can be classified in the first or second degree and can result in a felony or misdemeanor charge.
What Are Possible Defenses?
There are several tactics available to defend against assault charges. Defenses include:
Our office has a superior success rate defending assault crimes.
Contact An Attorney With A Proven Track Record
At the Law Offices of Myles S. Breiner, we represent clients from all the Hawaiian Islands. Our office is conveniently located in Honolulu. We are available 24 hours per day, seven days per week and offer flexible payment plans. Call us at 808-526-3426 or contact us online to discuss your case.