Assault and battery charges at the felony level occur when someone willfully and with intent to cause significant bodily harm, injury or damage, hits, strikes, beats or otherwise injures another person. This can include using a weapon, which then becomes aggravated assault and battery, also a felony offense. Unlike Attempted Assault and simple assault and battery, Felony Assault And Battery causes significant injury or damage to the individual or it is committed against an elderly person or a child and results in significant injury.
Felony Assault And Battery Penalties
There are many different types of assault and battery that can fall into the felony category. One of the most significant is sexual assault and battery, which will cause the individual to have to register as a sex offender after completion of jail time. In addition attacks against police officers or first responders are often bumped to felony assault and battery charges if any injuries were sustained.
Possible Penalties
- Jail time
- Probation
- Parole
- Anger management classes
- Loss of the right to have a firearm
Felony Assault And Battery Sentencing
As with any Violent Crime, sentencing tends to be very strict for these types of cases. Even in first offenses there is likely to be some jail time or significant probation time ordered with significant reporting and contact with a probation officer as part of the plan. Second offenses are almost always kept as felonies since these crimes typically cause significant physical harm and mental duress to the victim. An attorney can work with the courts to attempt to have the charges reduced to a misdemeanor under some situations, especially if they can prove mitigating factors such as self-defense or prior threats from the other individual.
Should You Hire An Attorney For Assault And Battery Charges?
It is essential to the outcome of your case to get an attorney involved as soon as possible. Ideally look for an experienced criminal defense attorney that has represented clients charge with felony assault and battery charges. Felony charges of this nature can really impact your future and may even result in termination from current employment. Fighting these cases, especially when there are mitigating circumstances, is your best possible option for a reduced sentence or an Acquittal.
Felony Assault and Battery: Fines and Jail by State
Penalties Vary Greatly by Case! For accurate penalties, talk to the court clerk or a lawyer!
| State | Avg. Fines | Avg. Jail | Avg. Probation | Other |
| Alabama | up to $10,000 | up to 10 years | up to 5 years | Not Available |
| Alaska | not less than $5 nor· more than $50 | 1 weekendm max | 3-4 years | CS |
| Arizona | 1200-2000 | minimum of 4 months in prison | 2-5 years | Arizona Assault and Battery Laws |
| Arkansas | 10000 | 6 or 7 years | more than 1 year | Arkansas Assault and Battery Laws |
| California | $1,000 or $2,000 | six months | Varies by Case | California Assault and Battery Laws |
| Colorado | up to $10000 | upto four years imprisonment | Varies by Case | community service, anger management or alcohol treatment. Colorado Assault and Battery Laws |
| Connecticut | up to $ 5000 | five years max | 1 year | Not Available |
| District of Colombia (DC) | n/a | n/a | n/a | Washington D.C. Assault and Battery Laws |
| Delaware | not less than $1000 | up to 10 years | 2 years | 1000 |
| Florida | 1500-2500+medical | 2-9 years | 5 yrs | Anger mangement, worker service |
| Georgia | < $10000 | < 4 years | 1 year | Not Available |
| Hawaii | 2.500-3500 | 2-6 years | 7 years | Anger Mangement, worker service |
| Idaho | Up to $10000 | four years | Varies by Case | Homicide; Manslaughter; |
| Illinois | Felony Up to $25000 Fine &/or 1 to 3 Years in Pen. | &/or 1 to 3 Years in Pen. | Varies by Case | Not Available |
| Indiana | up to $10,000 | 2-50 years | Varies by Case | Not Available |
| Iowa | Varies by Case | Varies Widely by Case | Varies by Case | loss of suffrage |
| Kansas | 2500 plus any medical that may have occured because of you | 6m-5 years | 7 yrs | anger management, work program |
| Kentucky | up to $500 | 1 year and 1 day state prison | 1-3 years | Not Available |
| Louisiana | $1000 nor more | five years or more | 25days-years | Not Available |
| Maine | $1,000 or $2,000 | up to six months | Suspension or revocation of driver's license | Mandatory alcohol and/or drug counseling |
| Maryland | not exceeding $2500 | not exceeding 10 years | 5 years | Not Available |
| Massachusetts | Not more than 21/2 years | Not more than $1,000 | Varies by Case | Not Available |
| Michigan | up to $1,000 in fines. | punishable by up to 93 days in jail | up to 1 year | Attempted murder or murder ,Rape or sexual assault ,. |
| Minnesota | $1,000-$10,000.00 | six months- eight years | 1-2 years | psychological evaluation,.restraining orders,community service,drug classes |
| Mississippi | max 1000 | 30-90 days | 2-3 years | Not Available |
| Missouri | 1500-2500 | 2 to 8 years | 5 years max | note on your drivers license , Anger Mangement |
| Montana | 10000 | 4 years | 1 year | revocation of license |
| Nebraska | 2500-5000 | 6-9 years | 5 years | Anger mangament |
| Nevada | up to $5,000 | 1 to 6 years | Varies by Case | Not Available |
| New Hampshire | Upto $20000 | not exceeding a year | Varies by Case | license suspension |
| New Jersey | up to $1000 | up to 1-2 year | 3 years | New Jersey Assault and Battery Laws |
| New Mexico | up to a $10000 | up to four years | 2-7 years | New Mexico Assault and Battery Laws |
| New York | 1000 | 1 year | 12 weeks | cease license New York Assault and Battery Laws |
| North Carolina | $100+ | 2 years | Varies by Case | North Carolina Assault and Battery Laws |
| North Dakota | up to $10000 | up to 15 years in prison | up to five years | community service & restitution as judges discretion North Dakota Assault and Battery Laws |
| Ohio | $50000- $200000. | 15 days | Varies by Case | 300000 Ohio Assault and Battery Laws |
| Oklahoma | 1500-2500 | 4-7 years suspended unless other stated | 5 years | Not Available |
| Oregon | none available | 5 years 10 months to 7 years 6 months | Varies by Case | Not Available |
| Pennsylvania | up to $10000 | 5-20 years | up to 5 years | Judge may order restitution. |
| Rhode Island | $400-$5000 | 16-25 years | upto 2 years | comunity service |
| South Carolina | 1200-1500 | 6M-4Y | 6M-9Y | Anger Mangement. Worker Program |
| South Dakota | 1500-2500 | 6m- 1 year | 5 years | Anger Management |
| Tennessee | < $3000 | one - six years | 11 months - 7 years | Not Available |
| Texas | up to 10000$ | 2 to 20 years | Varies by Case | Not Available |
| Utah | 15,000 max | 15 years in prison max | 4 years | CS, Community serivce and AA if ness |
| Vermont | none listed | imprisoned for not more than twenty years nor less than one year | discretion of judge | Not Available |
| Virginia | up to $2,500.00 | Varies Widely by Case | up to 12 months | Unlawful Wounding, Malicious Wounding, Aggravated Malicious Wounding, Robbery (A theft occurring simultaneously with an Assault), Assault on a Law Enforcement Officer, Domestic Assault 3rd Offense, Malicious Wounding by Mob, Murder, Manslaughter and Involuntary Manslaughter |
| Washington | 10000 | four years | Varies by Case | Washington Assault and Battery Laws |
| West Virginia | fined not exceeding five hundred dollars | be confined in jail not exceeding twelve months | no probation | West Virginia Assault and Battery Laws |
| Wisconsin | up to $100,000 | up to 40 years | up to five years | Judge may order restituition. Wisconsin Assault and Battery Laws |
| Wyoming | $750-$2000 | 6 months to 10 years | 2 years | Wyoming Assault and Battery Laws |
- If you have been charged with an Assault and Battery Felony, Submit Your Case for a Free Review from a skilled Criminal Defense Attorney.
