Assault and Battery

An assault is the act of threatening someone with intent to harm them. Battery is the physical act of harming someone, and aggravated domestic battery is that same act involving a relative or resident in your home. However, there has been a loose interchange with the term so as that most consider an assault to be battery. Depending on the amount of harm done to an individual and the laws in the state, punching, kicking, hitting, slapping, etc. are considered to be simple assault or battery if the offense does not inflict great bodily harm. However, for assault or battery cases involving weapons, such as aggravated assault with a deadly weapon, simple assault laws no longer apply and aggravated assault penalties will be faced by defendants in these cases.

Below are circumstances where a simple assault and battery may be enhanced:

• There is great bodily harm
• There is a weapon involved
• The offense is considered a hate crime
• The offense was against a police officer
• The victim was a vulnerable victim

Simple Assault and Battery cases usually provide for a suspended sentence with an anger management program or some other form of diversion program. If the offender has a record of violence or a criminal history, the court may find that a jail sentence is justified. The sentence may fall any where from one day to one year in jail. The courts have been notably been sentencing those involved with domestic violence to family counseling as well as the diversion programs.

It is recommended that you speak to a lawyer in your area if you have a simple assault and battery that you need to defend in court. The laws in each state are different and require a competent criminal lawyer who is familiar with how to represent your case regarding those specific laws.

• If you need help defending an Aggravated Assault or Battery charge, Submit Your Case for a Free Review from a skilled Criminal Defense Attorney.

Content Related to Topic

• Aggravated Assault and Battery as Self Defense
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• Victim Of Assault And Battery Case
  Action by victim of repeat violence, sexual violence, or dating violence for protective injunction; powers and duties of court and clerk of court