When dealing with assault cases, the first step is to understand the term assault. In simple terms, criminal assault happens when a person attempts or causes bodily harm to another person unlawfully.
Criminal battery, also charged with assault, is a misdemeanor that happens when a person intentionally causes bodily harm to another person. The more serious crime of heightened assault and battery is called a felony. It happens when a person recklessly causes bodily harm to another person using a weapon.
The types of assault charges vary across different states, but all of them depend on the severity of the act, the intent behind the crime, and the reason why the crime occurred. When accused of one, you need expert criminal defense attorneys to help you navigate through the legal hurdles.
Types of Assault Charges
Here are some common types of assault charges:
- Simple Assault: This is the least severe assault that involves a mere threat or physical action resulting in no bodily harm. It could be a slap or shove that makes the victim fall without causing serious harm.
- Aggravated Assault: This is a serious charge where the accused inflicts serious bodily harm to the victim by using a deadly weapon during the assault.
- Sexual Assault: This includes actions like attempted rape, statutory rape, and other forms like coercion or sexual touching of the victim.
- Deadly Weapon Assault: It’s also equated with aggravated assault, where a perpetrator attacks or threatens to attack someone using an object that may cause bodily harm or death.
- Domestic Assault: This assault happens in domestic or family relationships. It includes violence among intimate partners, spouses, and family members.
Penalties for Assault and Battery
The penalties for assault and battery crimes vary depending on the nature of your case.
- When assault is a misdemeanor, it is punishable by a fine of up to $750
- When a battery is a misdemeanor, it is punishable by a fine of up to $750, up to a 6-month jail term, or both.
- Aggravated assault and battery result in felonies and are punishable by up to 10 years of imprisonment.
The convictions may be more severe if the perpetrator has prior convictions, like being charged with assault and other assault convictions. In this case, one faces up to six months in jail and one-year probation. And for a secondary battery conviction, they face a fine of up to $1,000, one year in prison, and up to two years on probation.
Domestic Assault and Battery
If you commit assault, battery, or any form of aggravated assault or battery on someone or a member of a household, you may face additional penalties.
Members of a household include:
- Married people
- People living together like they are married
- Formerly married
- Formerly lived as a couple
- Sharing the same living quarters
- People dating
- Parents of a child not staying together
Domestic assault attracts a penalty of a fine of up to $750. If a person is previously convicted, they face a fine of up to $750 and six months in prison.
Domestic battery attracts a fine penalty of up to $750 and up to six months in prison. If a person had an earlier conviction for a similar crime within the last five years, they may face a fine of up to $1,000, up to one year in prison, or both.
Conclusion
Having an attorney by your side helps in understanding the gravity of your case, making the best use of evidence, and defending you in court. An attorney will ensure they explain the type of assault you are charged with and its consequences. This way, you will know what awaits you during the final conviction and work towards a fair trial.
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