Is there jail time on a battery charge?

Whether or not there is jail time on battery charge depends on a number of different factors. 

• One of the factors is the laws where you live. Assault and battery, in some states, are charged separately. In others, assault refers to making someone be fearful of his life or for his safety and battery actually means hurting or harming someone or touching someone in an aggressive and unwanted matter. In many states where assault and battery are separate charges, you may actually be charged with both
• Another factor is what exactly your battery involved. Did you hit someone with the barrel of a gun or did you hit someone with an open fist? Obviously, the latter is much less severe than the former and you may be able to escape jail time if you did not cause significant damage to the person you had the encounter with
• The main deciding factor on jail time is whether you were charged with a misdemeanor or a felony. A misdemeanor is a less serious crime, and you are much more likely to be able to arrange a plea bargain or to be given a sentence that doesn't involve jail time for misdemeanor assault than for felony assault

Assuming that you were charged with misdemeanor assault for a minor incident, you may be able to avoid jail time and get either community service, fines or a suspended sentence instead. This is especially true if it was a first offense and/or if you are able to arrange a plea bargain with the prosecutor.