What is the punishment for assault and battery charges?

Assault and battery punishment is different in the criminal realm from those crimes in the civil realm. Civil law does not assign fault to a particular party, even under tort law. Tort law only looks at money damages to a party for negligence and other crimes not defined by criminal fault.

Criminal law, on the other hand, pertains to fault. Under the legal system of fault in criminal law, the defendant would have to go to jail, have a criminal record, be investigated by the police, etc. Assault and battery charges in the civil realm do not necessarily involve police interaction. The defendant would not be taken to jail or going through the criminal justice system.

Assault and battery charges only carry a true legal “punishment” under the criminal system and this section pertains to that type of punishment. Criminal punishment for assault and battery depends on the criminal law that applies to the situation, who the victim is, an attempt or success in causing severe injury to another (as opposed to simply tripping someone or a light shove) and the use of a deadly weapon such as a gun or a knife.

The possible punishments for assault and battery charges are:

• Criminal conviction
• Jail time
• Probation
• Anger management classes
• No longer being able to carry a gun
• Fines; these fines would not likely go to the injured party but to the courts

A criminal conviction of assault and battery is separate from any civil litigation.