An assault is an intentional act that causes someone to fear imminent physical harm. It can be a simple poke or a shove, or it can be something more serious, like a punch. Assault is a misdemeanor in most states.
Battery is the actual act of physical contact that results in injury. Battery is also usually a misdemeanor, but there are some cases where it can be charged as a felony.
Aggravated assault is an assault that involves serious injury or the use of a deadly weapon. This charge is also usually a felony.
In this blog post, we will discuss the definitions of these crimes and the penalties associated with them.
What is Assault?
Assault is defined as an intentional act that causes another person to fear imminent physical harm. This can be something as simple as a poke or a shove, but it can also be something more serious, like a punch. In most states, assault is classified as a misdemeanor offense.
What is Battery?
Battery is the actual act of physical contact that results in injury. This can be anything from a slap to a more serious offense, like a punch. Most of the time, battery is classified as a misdemeanor offense. However, there are some cases where it can be charged as a felony.
What is Aggravated Assault?
Aggravated assault is an assault that involves serious injury or the use of a deadly weapon. This charge is usually classified as a felony. Aggravated assault is a more serious offense than simple assault or battery and carries heavier penalties.
Civil and Criminal Assault
A victim of assault may choose to seek redress in either criminal of civil courts. In criminal court, the government prosecutes the offender and, if convicted, they may be subject to fines or imprisonment.
In civil court, the victim sues the offender for damages. This is a more common option if the offender is not known, or if the victim does not want to pursue criminal charges.
Civil and Criminal Assault matters are not mutually exclusive. One can sue for assault on both criminal and civil courts based on the same incident, fact and defendant.
Penalties for Assault, Battery, and Aggravated Assault
The penalties for assault, battery, and aggravated assault will vary depending on the severity of the offense and the state in which it was committed. Generally, assault and battery are misdemeanors, while aggravated assault is a felony. Misdemeanor offenses carry a maximum sentence of up to one year in jail, while felony offenses can result in prison time.
Some states have laws that allow for enhanced penalties if the victim is a certain type of person, such as a police officer or a member of the military. These enhanced penalties can include longer jail sentences and higher fines. In some cases, an assault charge can be elevated to a more serious offense, such as attempted murder or manslaughter, if the victim is seriously injured or killed.
Incarceration: Jail Term Lengths for Assault, Battery, and Aggravated Assault
If you are convicted of assault, battery, or aggravated assault, you may face time in jail. The length of your jail sentence will depend on the severity of the offense and the state in which it was committed. Generally speaking, assault and battery are misdemeanors while aggravated assault is a felony. Misdemeanor offenses carry a maximum sentence of up to one year in jail. Felony offenses can result in prison time.
In some states, if the victim is a police officer or member of the military, you may face enhanced penalties that include longer jail sentences and higher fines. In addition, an assault charge can be elevated to a more serious offense such as attempted murder or manslaughter if the victim is seriously injured or killed.
Fines
Aside from jail time, you may also be required to pay a fine if you are convicted of assault, battery, or aggravated assault.
The amount of the fine will vary depending on the severity of the offense and the state in which it was committed. For example, a misdemeanor assault charge in California can result in a fine of up to $1000 while a felony aggravated assault charge can result in a fine of up to $10000.
In some cases, the court may order you to pay restitution to the victim. Restitution is money that is paid to the victim to cover things like medical bills and property damage.
Restraining or Protective Orders
If you are convicted of assault, battery, or aggravated assault, the victim may also get a restraining order against you. A restraining order is a court order that prohibits you from having contact with the victim. Violating a restraining order can result in additional criminal charges and penalties.
Restoration and Compensation Orders
In some cases, the court may order you to restore or compensate the victim for any losses that they suffered as a result of the assault. This can include things like medical bills, property damage, and lost wages. The amount of restitution that you are ordered to pay will vary depending on the severity of the offense and the extent of the victim’s losses.
Probation
If you are convicted of assault, battery, or aggravated assault, you may be placed on probation. Probation is a period of time during which you will be supervised by the court and must follow certain conditions. These conditions can include things like attending counseling, paying restitution to the victim, and obeying a restraining order. Violating the terms of your probation can result in additional criminal charges and penalties.
While the penalties for assault, battery, and aggravated assault can be severe, it is important to remember that every case is different.
Defenses for Assault, Battery, and Aggravated Assault
There are a few different defenses that can be used in assault, battery, and aggravated assault cases. These defenses include self-defense, defense of others, and defense of property.
Self Defence
Self-defense is a defense that can be used if the defendant was acting in order to protect themselves from imminent harm. This can be physical harm or the threat of physical harm. In order to use this defense, the defendant must have reasonably believed that they were in danger and that their actions were necessary to protect themselves.
Defence of Others
The defense of others is similar to self-defense, but it applies when the defendant was acting to protect someone else from imminent harm. Again, the defendant must have reasonably believed that the other person was in danger and that their actions were necessary to protect them.
Defence of Property
The defense of property is a defense that can be used if the defendant was acting to protect their property from imminent harm. This can be physical damage to the property or the theft of the property. In order to use this defense, the defendant must have reasonably believed that their property was in danger and that their actions were necessary to protect it.
Mistake of Fact
Mistake of fact is a defense that can be used if the defendant made a mistake about the facts of the situation. For example, if the defendant mistakenly believed that the victim was about to harm them, they may be able to use this defense. In order to use this defense, the defendant must have had a reasonable belief in their mistaken understanding of the situation.
Volenti Non Fit Injuria
Volenti non fit injuria is a defense that can be used if the victim consented to the defendant’s actions. This means that the victim agreed, either explicitly or implicitly, to being harmed by the defendant. In order to use this defense, the defendant must have had a reasonable belief that the victim consented to their actions.
For example in a game of football of rugby if two people consent to playing then they cannot sue each other for injuries arising out of the game.
Insanity
Insanity is a defense that can be used if the defendant was not in their right mind at the time of the offense. This can be due to mental illness or intoxication. In order to use this defense, the defendant must have been unable to understand that their actions were wrong.
Accident or Unintended Consequences
The accident or unintended consequences defense can be used if the defendant did not intend to cause harm. This means that the defendant did not mean for their actions to result in the victim being injured. In order to use this defense, the defendant must have been acting without intending to cause harm.
For example, if someone accidentally bumps into another person and causes them to fall and injure themselves, the first person could use this defense.
Conclusion
To recap, assault is an intentional act that causes someone to fear imminent physical harm. Battery is the actual act of physical contact that results in injury. Aggravated assault is an assault that involves serious injury or the use of a deadly weapon.
These charges are usually misdemeanors, but can be felonies depending on the circumstances. If you have been charged with any of these crimes, it is important to speak to an experienced criminal defense attorney as soon as possible. An attorney can help you understand the charges against you and what options may be available to you under the law.