Is an assault and battery charge a felony or misdemeanor?

Assault and battery are often thought of as one crime but they are two distinct criminal violations. Assault is the threat of imminent bodily injury that causes a reasonable person to believe that he or she will be subject to harm. The victim must feel apprehension of imminent force. For example, if someone holds a gun on the victim but the victim knows the gun is unloaded, then the victim had no apprehension of imminent force and thus all of the elements of an assault do not exist.

Battery is the unauthorized touching of another person. The touching must be harmful or offensive and must be intentional. Accidental touching does not rise to the level of a battery. If the touching is deemed offensive, the victim does not have to show any material harm. The touching may be between persons or be with an object or substance. For example, spitting on another is considered a battery in most states even though it causes no physical harm. It is considered offensive enough to be considered a battery.

Assault is generally classified as a violent crime but may only result in a misdemeanor charge. However, if the assault is deemed an aggravated assault, it is usually treated as a felony. Assaults that include a deadly weapon are generally treated as aggravated assaults because of the extreme danger of possible harm.

In many cases a battery charge is considered a misdemeanor. However, just like an assault, if the battery is aggravated it is raised to the level of a felony charge. Aggravated battery occurs when physical irreparable damage or permanent disability results from the physical altercation. 

In any case, assault and/or battery may incur the following penalties:

• Jail time
• Probation
• Parole
• Anger management classes
• Loss of the right to have a firearm

If you face assault and battery charges, immediately consult with an experienced attorney in your state to defend against possible prosecution and/or conviction.