Even minor assaults are treated more harshly because there is a concern that the level of violence will escalate when a second event arises. Whether or not you will actually do Jail time depends on the severity of the allegations against you, your criminal history, your defenses, and the effectiveness of your lawyer. Typically, these are class 3 or class 4 felony charges, so the punishments are more severe, and you are more likely to go to prison, even for a first offense. In many states, assault and battery are two separate crimes. Even a first-time assault charge can carry penalties that can affect the rest of your life, especially for assault with a deadly weapon. If you are charged with first-time aggravated assault, you are facing felony charges. Virginia groups both assault and battery into a single common statute. Unlike other Assault and Battery charges, Virginia law allows for some offenders accused of Domestic Assault and Battery to request the case be handled under a First Offender program which essentially gives the offender the chance to persuade the Court that the incident in question was unusual and is not likely to happen again. Assault is the intent to cause harmful and/or offensive physical injury to another person. The terms ‘assault’ and ‘battery’, are classed as Summary Offences under the Criminal Justice Act 1988. One commonly charged offense in Virginia is assault and battery of a law enforcement officer. Both assault and battery are punished by a maximum jail sentence of 1 year, a maximum fine … Battery is a basic allegation of force used on another. If that is the case, it is highly unlikely. Kansas Battery Laws. There are many different factors that may turn a simple assault into an aggravated assault. Assault is simply a threat of injury; battery is an actual violent act. Felony Assault & Battery . ASSAULT CHARGES OHIO FAQ. However, any subsequent conviction is treated as a felony punishable by a minimum of 10 years in prison. It is highly unlikely if you have no prior offenses. You need to retain an experienced criminal defense attorney who will be able to explore all options for you. Simple Assault. I assume you mean that this was your first criminal offense of any kind (as opposed to it being the first offense for assault). 1. Under Florida law, Simple Battery (Misdemeanor Battery) is a first degree misdemeanor, with penalties of up to one year in jail or 12 months probation, and a $1,000 fine. As we know, the imporper user or charge of lipo battery have resulted in serious damages and waste. Since a battery is basically any unwanted touching, any time a person resists arrest it is possible that they have also committed assault and battery … But even lesser assault charges can give you a permanent criminal record for a violent crime to appear on your record. Even though extremely similar to assault and frequently used interchangeably with assault, battery usually involves the direct use of force on another. The first experience is often frightening. In Maryland, both are grouped into one charge. It relates to the severity of an injury because of a violent crime. Assault & Battery First, Second, or Third Degree. B. Illinois Statutes Chapter 720 (Battery) Penalties. Assault or battery committed without a dangerous weapon is a misdemeanor, except in the case of domestic violence and certain victims, such as a police officer or emergency medical personnel. Assault: Assault is a Class C misdemeanor under Illinois assault and battery law, which can result in jail time for up to 30 days, a fine in an amount up to $1,500, or both. Each offense includes a sentence requirement set by state law, as follows: Simple assault - second degree misdemeanor, which can result in a sentence of imprisonment for up to sixty days and a fine that cannot exceed $500. If you are facing any battery charges in Wisconsin, a consultation with a criminal defense lawyer could be the first step towards developing a productive plan of action. Assault penalties vary depending on the circumstances and the state, but sentence ranges and punishments for assault are usually serious because assault is considered a violent crime. The problem for the individual who is self-representing and not retaining an experienced attorney on a battery charge is that they do not know who the prosecutor is in those reports, or the judge considers aggravating factors. An assault with a dangerous weapon is a charge where the Commonwealth can seek an indictment, moving the case to superior court and raising the maximum penalty to ten years in the State prison. The laws on assault and battery in South Carolina can be quite confusing. What separates an assault charge from a battery charge is physical contact. Simple Assault is a misdemeanor and if this is your first offense you may be eligible for a program known as ARD. Punishments for assault and battery convictions can vary depending on past criminal records or first-time offenses. In order to understand the state's assault laws, it is important to realize that 'assault' and 'battery,' although frequently charged in concert, are actually two separate offenses: 'An assault is any willful and unlawful attempt or offer with force or violence to do a … A 3rd degree assault is often called “simple assault.” This charge means one person injures or attempts to illegally injure another person. Assault, in contrast, can involve threats alone or in addition to the use of force. Virginia Domestic Assault Law 18.2-57.2 Assault and battery against a family or household member - The Virginia domestic assault charge is called assault and battery against a family or household member. A. You could face this very serious charge if you are believed to have: Recklessly or intentionally causing harm to someone, or; Physically causing rude, insulting or angry physical contact on another person. Assault and battery, 3rd degree. Any attempt to harm someone or act of reckless endangerment will be prosecuted as assault regardless of whether anyone was hurt. South Carolina divides the crime of Assault & Battery into several different “degrees.” Assault and battery is defined as the act of harming or attempting to harm an individual. Therefore, you can go to Jail for Assault in Michigan for up to 93 days. 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