What is the penalty for a criminal battery charge?

Criminal battery is the physical act of harming another individual while assault is the act of threatening someone with the intent to harm them. Many people confuse assault with battery when they are two distinct crimes. However, you can assault someone without committing battery but in most battery cases, assault is inclusive as the threat usually precedes the actual physical harm. When the battery is against a relative or someone who resides with you, it is generally classified as domestic battery.

The physical battery may include various levels of contact including punching, kicking, hitting, slapping, etc. State laws vary depending on the extent of the harm. If there is no great bodily harm, the act may be classified as simple battery. If, however, the battery involves a weapon, the crime is considered aggravated and incurs enhanced penalties.

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

Sentencing for a simple assault and battery case usually includes a suspended sentence with an anger management program or some other form of diversion program. However, if the offender has a prior record of violence or a criminal history, the court may impose some jail time. Jail time may be anywhere from one day to one year in jail. Courts typically sentence those involved with in a first-time domestic offense to family counseling as well as other diversion programs.

If you face criminal battery charges in your state, you should consult with an experienced attorney to discuss how to defend against the charges.