While most states treat assault and battery as two separate crimes, not all states do. While first time offenders may receive more leniency, repeat offenders often face stiffer penalties for similar crimes. Assault and Battery. 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. This is your life on the line and you want someone who is not afraid to take on the fight! For instance a first degree assault (using a deadly weapon and serious injury) in New York has a prison term up to 25 years. You state that this was a "first-time offense of assualt and battery". Assault normally involves some type of threat of bodily harm, while a charge of battery requires intentional physical contact. Assault is simply a threat of injury; battery is an actual violent act. by Jake Steven. This would mean a monetary fine and possible jail time up to 180 days. It is highly unlikely if you have no prior offenses. Misdemeanor assault and battery charges may result in probation, a fine, community service, or imprisonment in the county jail for up to one year. We recommend using The most likely scenario is when someone gets jail time as a first offender, for a battery, or an assault charge. 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. Internet Explorer 11 is no longer supported. 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. A battery charge in Georgia has a misdemeanor component called OCGA simple battery or a “simple battery charge” in Georgia. However, penalties escalate rapidly if weapons are involved. Battery is a basic allegation of force used on another, but state laws can define the conduct of battery charges differently. Unfortunately, assault gives one range which applies to all offenses – first-time or otherwise. Semiautomatic firearm assaults are punishable by three, six, or nine years. Assault and Battery of Police and other Government Workers. 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. This is not a world you are used to so everything seems overwhelming. Google Chrome, If you get charged with assault and battery, it can be a misdemeanor or a felony. There IS a first offense assault charge under the DOMESTIC assault and battery law 18.2-57.2. If this is the first time you are being charged with a crime, you should ask your lawyer about all possible options. It is highly unlikely if you have no prior offenses. However, any subsequent conviction is treated as a felony punishable by a minimum of 10 years in prison. If it is a first time offense, there is rarely jail time involved. Section 13A. The first experience is often frightening. Learn more about this and related topics at FindLaw's Criminal Law section. There is no such thing as a first offense assault charge in Virginia, under the regular Virginia assault and battery law 18.2-57. You need a lawyer who will fight hard to protect your rights. Results matter now more than ever. I assume you mean that this was your first criminal offense of any kind (as opposed to it being the first offense for assault). Punishments for assault and battery convictions can vary depending on past criminal records or first-time offenses. Penalties for a Battery Charge Just like assault, battery can be considered a misdemeanor or a felony. Get started today and find a qualified criminal defense attorney near you. All states have laws that deem assault a crime. An assault with no weapon involved and no serious injury will most likely be treated as a misdemeanor. The crime of battery usually involves intentional and unwanted physical contact, even if the intent wasn't to actually cause harm. Also, a class one misdemeanor is issued upon a person that has committed his/her first assault and battery towards one of … The seriousness of the threat and surrounding circumstances will make the assault charge a felony or a misdemeanor. If you have been charged with first-time assault and battery, call us today and find out how we can help! The consequences of an assault or battery conviction depend on the specific charge pursued by the Florida state prosecutor. Assault and battery is a serious offense. The battery represents the actual contact. What are the penalties for a first-time assault and battery charge? Battery punishments and penalties do not usually exceed $2,000, and first-time battery offenses can qualify for probation. 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. Contact a qualified criminal lawyer to make sure your rights are protected. For instance a first degree assault (using a deadly weapon and serious injury) in New York has a prison term up to 25 years. Just like assault, battery can be considered a misdemeanor or a felony. The distinction between the two classifications depends on the seriousness of the injury, whether a weapon was used, and the person who was injured. It could be a felony or a misdemeanor. Simple Assault. 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. 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. A battery charge in Georgia has a misdemeanor component called OCGA simple battery or a “simple battery charge” in Georgia. For a first offense assault and battery, you face up to 2 ½ years jail time or up to a $1,000 fine. States usually describe the possible range of sentences in their laws. Yes, you do have options. Punishments can range anywhere from fines to imprisonment, depending on the severity of the offense and the offender's criminal history. 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 Assault is punished in California by a fine of up to $1,000 and the potential of a jail sentence of up to 6 months. 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. 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. A battery charge refers to the completion of that act, meaning physical contact has occurred. Satisfied Customers:20,015. Fear can make you cautious and help you take your time in choosing solid legal representation. 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. The most likely scenario is when someone gets jail time as a first offender, for a battery, or an assault charge. 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. If that is the case, it is highly unlikely. The legal world is often complicated and confusing. Some states will even treat an assault as an infraction with just a fine or jail time under thirty days, if the injury was minimal and there was no weapon. Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. 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. It relates to the severity of an injury because of a violent crime. In Maryland, both are grouped into one charge. Typically, an assault involves threats of bodily harm. You may not receive any jail at all. In many states, assault and battery are two separate crimes. It doesn't require actual contact, but the person threatened has to believe it is a credible threat. It is indeed frightening if you are charged with assault and battery for the first time in your life. I assume you mean that this was your first criminal offense of any kind (as opposed to it being the first offense for assault). Battery punishments and penalties do not usually exceed $2,000, and first-time battery offenses can qualify for probation. 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. 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. Are you a legal professional? A charge of "assault and battery" combined usually refers to both threats of bodily harm and the actual following through with physical contact. Please try again. 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. The punishment range can include extensive prison time, including up to life in prison in some states. A basic battery allegation is usually classified as a misdemeanor. State and federal laws provide for more serious punishments when the victim is a peace officer, fireman, or a member of the legislature, executive or judicial branch of government. Similarly, a battery charge is also a crime and both of these can carry prison sentences. Battery first, second, or Third degree the crime domestic assault and battery “, or simple. Illinois Statutes Chapter 720 (Battery) Penalties. While there are many lawyers, you owe it to yourself to find someone who has experience in the courtroom. Sentencing varies depending on the state statutes, the facts of a given case, and a number of other factors. 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