While in most states battery is a misdemeanor, aggravated battery is a felony. The aggravated battery definition means the crime could include: The loss of a limb or a body part; the use of a deadly weapon. This definition of a deadly weapon varies. The weapon could be a stick or a nail file; The battery of a vulnerable person such as a child or elderly person. Battery is more serious than assault because it involves the perpetrator harms the victim. Assault can involve only the threat of violence. As with all crimes, the sentence for aggravated battery varies from state to state and from circumstance to circumstance. Some states cap the amount of time a person convicted of the crime could spend in prison to ten years. Some states have no cap and some perpetrators have been sentenced to as much as 45 years in prison.