Assault and battery charges often come as a surprise. If you're facing assault and battery charges, a qualified legal counsel can help you identify potential defenses and devise a plan to minimize the consequences of your case. Fear can make you cautious and help you take your time in choosing solid legal representation. Assault is simply a threat of injury; battery is an actual violent act. WORCESTER, Mass. Will likely see a harsher sentence of Police and other Government Workers felony. For example: Regardless of the type of weapon used, the status of the victim matters for the imposition of a sentence or crime. Contact a qualified criminal lawyer to make sure your rights are protected. While states like Michigan do not single out particular weapons for different treatment, states like California do as California has specified different punishments for different types of weapons. You state that this was a "first-time offense of assualt and battery". The state must prove: The defendant touched the alleged victim without any right or excuse, and The defendant intended to touch the alleged victim, and This is not a world you are used to so everything seems overwhelming. There IS a first offense assault charge under the DOMESTIC assault and battery law 18.2-57.2. This could be bad, so the choice you make now will affect the rest of your life. For instance, federal law divides assault into a felony punishable by 10 years imprisonment and a misdemeanor punishable by one year imprisonment. Similarly, laws may carry harsher penalties for assaults or batteries committed against family members or others living with the offender, or such crimes may be prosecuted under domestic abuse or violence laws. This is when you need the right lawyer. Therefore, every criminal battery charge includes the attempt or assault. Visit our professional site », Created by FindLaw's team of legal writers and editors If you get charged with assault and battery, it can be a misdemeanor or a felony. Simple assault and simple battery are … All states have laws that deem assault a crime. We offer honest advice from an experienced lawyer who is used to fighting for cases just like yours. Assault and battery often bring up images of the typical fight or brawl, but the terms are actually two separate legal concepts with distinct elements. Stay up-to-date with how the law affects your life, Name When you get charged, whether it is a misdemeanor or felony, you want the right lawyer on your side. Punishments will include a monetary fine, jail time, or both first time assault and battery charge. Read on to learn more about the first-time assault as well as battery charges. The first experience is often frightening. There is no such thing as a first offense assault charge in Virginia, under the regular Virginia assault and battery law 18.2-57. It all comes down to the seriousness of the injury due to the violent offense. When it comes to first-time assault and battery, it is important to know what your rights are. Under the first offense program, your case can be deferred for two years and if you successfully complete the program the case gets dismissed. The use of force any assault charge can carry penalties that can first time assault and battery charge the rest of your life you permanent. If you get charged with assault and battery, it can be a misdemeanor or a felony. The punishment range can include extensive prison time, including up to life in prison in some states. This is the most basic type of assault charge in Canada, and, at this level, can be … The first and most important thing to do is to hire the right lawyer. Alternatively, the court may sentence the defendant to perform between 30 and 120 hours of community service. Quite often, someone will get a copy of a probable cause statement that is part of an arrest report. Given the large differences in how the penalities are set up in Texas, you need a lawyer who has experience in criminal justice. It doesn't require actual contact, but the person threatened has to believe it is a credible threat. Section 13A. Microsoft Edge. But if a California battery does in fact result in a serious injury, then you may be charged instead with the separate but related crime of battery causing serious bodily injury, Penal Code 243 (d) PC. This can be a serious crime and should not be taken lightly. NRS 200.471 is the Nevada law that defined assault as deliberately attempting to use force against a person, or placing the person in reasonable fear of imminent bodily harm. The penalties and sentences for an assault and/or battery conviction can vary widely depending on the law of the state where the offense was committed, as well as the circumstances of each case. So you lost your temper. Many people convicted of a first offense of Assault and Battery in Michigan receive a Sentence of Probation; usually somewhere in the neighborhood of 6-18 months (24 months is the maximum probationary period for a Michigan Assault and Battery charge). Similarly, the states divide assault into misdemeanors and felonies. One commonly charged offense in Virginia is assault and battery of a law enforcement officer. Learn more about this and related topics at FindLaw's Criminal Law section. The right lawyer can help you through this difficult time and make things easier for you to understand. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. BOSTON (AP) — A 66-year-old Boston man severely beaten in his own home on Christmas Eve has died of his injuries and the suspect is expected to face upgraded charges, prosecutors said. The Court will impose fines and costs. Battery is a misdemeanor that carries a maximum sentence of up to 6 months in county jail and a fine of up to $2000.00. Now is when you need the best lawyer. The legal world is often complicated and confusing. The punishment for battery varies depending on the facts of the case, whether or not it was an incident of domestic violence, and what the offender's criminal history is. The Law Firm of Andrea M. Kolski8505 Technology Forest Place, Suite 104The Woodlands, TX — 77381832-381-3430, Monday — Friday: 8:30 am — 6:00 pmSaturday — Sunday: Closed. For instance a first degree assault (using a deadly weapon and serious injury) in New York has a prison term up to 25 years. It could be a felony or a misdemeanor. It all comes down to the seriousness of the injury due to the violent offense. A lawyer will be able to help the person understand what to expect following their Michigan assault charge. To convict an offender of a Virginia domestic assault charge under Va. Code §18.2-57.2, the Commonwealth must prove an assault and battery and that the assault and battery was against a household or family member as defined in Va. Code §16.1-228. Additionally, the act must either: 1. Please try again. Sentencing varies depending on the state statutes, the facts of a given case, and a number of other factors. It used to be that assault and battery were separate crimes. Assault and Battery of Police and other Government Workers. 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. It could be a felony or a misdemeanor. It may seem that it is designed that way and while that may be true, it can also be simple. Semiautomatic firearm assaults are punishable by three, six, or nine years. The most likely scenario is when someone gets jail time as a first offender, for a battery, or an assault charge. Having the right legal by your side can mean the difference between freedom and a life behind bars. That is why this is not a battle to take on by yourself, but with the right lawyer who will represent you and your interests. Assault normally involves some type of threat of bodily harm, while a charge of battery requires intentional physical contact. This is not a time to play around. There is no denying how frightening it can be to be. The crime of assault and/or battery becomes an aggravated assault / battery based on whether: The type of weapon used makes a difference in the assault and battery penalties that will be assessed. States usually describe the possible range of sentences in their laws. If you have been charged with first-time assault and battery, call us today and find out how we can help! A charge of "assault and battery" combined usually refers to both threats of bodily harm and the actual following through with physical contact. Category: Criminal Law. An assault and battery against a pregnant woman by a perpetrator with knowledge of the pregnancy is a misdemeanor offense punishable by up to a year in jail for the first conviction. When people are charged with assault and battery, their first reaction is often to try to talk their way out of it. A basic battery allegation is usually classified as a misdemeanor. Yes, you do have options. Punishments will include a monetary fine, jail time, or both. Many states, such as Colorado, increase the punishment for an assault or battery that's committed on a police officer or other type of public servant such as a paramedic, firefighter, or teacher. Penalties for a Battery Charge Just like assault, battery can be considered a misdemeanor or a felony. There are a few common charges which can be brought against you if the government claims they have evidence of a certain type of victim. | Last updated January 28, 2019. Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location. Just like assault, battery can be considered a misdemeanor or a felony. If this is your first time facing assault charges, we can use your lack of prior criminal activity to show you are a law-abiding citizen. Satisfied Customers:20,015. This is your life on the line and you want someone who is not afraid to take on the fight! Are you a legal professional? Attorney & Mediator, Lawyer. However, any subsequent conviction is treated as a felony punishable by a minimum of 10 years in prison. However, a judge can recommend lighter sentencing for less serious cases. (a) Whoever commits an assault or an assault and battery upon another shall be punished by imprisonment for not more than 21/2 years in a house of correction or by a fine of not more than $1,000. For instance, Texas makes no distinction between the two. An assault and battery against a pregnant woman by a perpetrator with knowledge of the pregnancy is a misdemeanor offense punishable by up to a year in jail for the first conviction. by Jake Steven. It relates to the severity of an injury because of a violent crime. However, judges usually sentence defendants without a criminal record more leniently, potentially producing reduced penalties. For instance a first degree assault (using a deadly weapon and serious injury) in New York has a prison term up to 25 years. With a previous criminal record or a history of repeated offenses will likely see a harsher sentence. Continue on to learn more about assault and battery sentencing and penalties. All that is required is that the defendant touched the person in an offensive way.. Internet Explorer 11 is no longer supported. We've all been there. Battery is a basic allegation of force used on another, but state laws can define the conduct of battery charges differently. You need a lawyer who will fight hard to protect your rights. I assume you mean that this was your first criminal offense of any kind (as opposed to it being the first offense for assault). You may not receive any jail at all. This may seem strange, but often we are more afraid of the unknown than we are what happens to us. Copyright © 2021, Thomson Reuters. Under Massachusetts’ criminal laws, there are several kinds of battery and offenses that can elevate the sentencing severity and punishment for the crime. We recommend using It is natural to have some fears after assault and battery charges. WHAT IS THE TYPICAL FIRST TIME ASSAULT AND BATTERY SENTENCE (PUNISHMENT)? If it is a first time offense, there is rarely jail time involved. We are here for you and will be happy to go over our services. Learn more about this and related topics at FindLaw's Criminal Law section. The seriousness of the threat and surrounding circumstances will make the assault charge a felony or a misdemeanor. Firefox, or Assault and Battery. A battery is a harmful or offensive touching of another person. Both charges can lead to incarceration of the accused if he or she is found guilty; therefore, it is advisable to seek legal advice from an experienced criminal solicitor upon arrest. Punishments for assault and battery convictions can vary depending on past criminal records or first-time offenses. 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. the assault charge involves domestic violence and the state’s laws require a mandatory jail sentence for the charge due to prior convictions for domestic violence, or the facts of the case are particularly serious and the defendant was a breath away from being charged with a more serious crime. It is indeed frightening if you are charged with assault and battery for the first time in your life. It is highly unlikely if you have no prior offenses. Threats alone or in addition to the use of force used on another they carry first time assault and battery charge! First-Time Assault and Battery Can Be Scary . Sentencing agreements with no jail time There are two potential criminal charges here. Google Chrome, First degree charges are the most serious of the three. The most likely scenario is when someone gets jail time as a first offender, for a battery, or an assault charge. Whether the states considered it a separate crime or not, all states and the federal government have laws that make assault a crime. Battery punishments and penalties do not usually exceed $2,000, and first-time battery offenses can qualify for probation. People may scoff at the idea of prison time for first-time assault and battery, but it can happen. Sometimes in today's society, they are treated equally. August 28, 2020 What Is Assault and Battery? An assault with no weapon involved and no serious injury will most likely be treated as a misdemeanor. A battery is a harmful or offensive touching of another person. I assume you mean that this was your first criminal offense of any kind (as opposed to it being the first offense for assault). Great bodily injury must result or be likely to result. Punishments can range anywhere from fines to imprisonment, depending on the severity of the offense and the offender's criminal history. Once you are charged with first-time assault and battery, you may feel like you are in the fight of your life. A first-time battery charge is a first-degree misdemeanor that is punishable by up to 1 year in county jail or up to one year of probation, and a possible fine of up to $1,000. Illinois Statutes Chapter 720 (Battery) Penalties. Results matter now more than ever. Under Penal Code 242 PC, California law defines battery as “any willful and unlawful use of force or violence upon the person of another.” The offense can be charged even if the victim does not suffer an injury or any pain. Assault and Battery. What are the penalties for a first-time assault and battery charge? This is why you need a lawyer who is educated and has a passion for criminal law. After an assault charge in Michigan, an attorney would seek testimony or written statements from people who observed the assault, or the complaining witness or the alleged victim on the case. A first-time assault charge is a second-degree misdemeanor that is punishable by a maxiumum of 60 days in jail or 6 months of probation, with up to $500 in fines. Their first reaction is often to try to talk their way out of it to.. Range from misdemeanor charges with less than 30 days in jail to substantial prison terms include! Your life depending on the severity of an arrest report law enforcement.. Past criminal records or first-time offenses of legal writers and editors | updated... This difficult time and make things easier for you and will be prosecuted as regardless. Not afraid to take on the circumstances of the three injury must result or be likely to result than year... If you are in the fight of your life typing to search, enter... 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