first time assault and battery charge

I assume you mean that this was your first criminal offense of any kind (as opposed to it being the first offense for assault). If you're facing assault and battery charges, a qualified legal counsel can help you identify potential defenses and devise a plan to minimize the consequences of your case. Now is when you need the best lawyer. Continue on to learn more about assault and battery sentencing and penalties. This may seem strange, but often we are more afraid of the unknown than we are what happens to us. Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. Having good, solid legal help will make an assault and battery charge much easier to understand and work through. Some states will even treat an assault as an infraction with just a fine or jail time under thirty days, if the injury was minimal and there was no weapon. Assault is punished in California by a fine of up to $1,000 and the potential of a jail sentence of up to 6 months. Battery punishments and penalties do not usually exceed $2,000, and first-time battery offenses can qualify for probation. Battery punishments and penalties do not usually exceed $2,000, and first-time battery offenses can qualify for probation. Simple assault is generally a misdemeanor that carries a penalty of up to 6 months in jail and a fine of up to $1000.00.. If this is your first time facing assault charges, we can use your lack of prior criminal activity to show you are a law-abiding citizen. For instance a first degree assault (using a deadly weapon and serious injury) in New York has a prison term up to 25 years. Illinois Statutes Chapter 720 (Battery) Penalties. The crime of assault and/or battery becomes an aggravated assault / battery based on whether: The type of weapon used makes a difference in the assault and battery penalties that will be assessed. Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location. What Is Assault and Battery? Alternatively, the court may sentence the defendant to perform between 30 and 120 hours of community service. If you get charged with assault and battery, it can be a misdemeanor or a felony. Appealing to a judge’s better nature can reduce the severity of the consequences should you be … Since a battery is basically any unwanted touching, any time a person resists arrest it is possible that they have also committed assault and battery … That is why this is not a battle to take on by yourself, but with the right lawyer who will represent you and your interests. In order for a charge to meet this level, a few factors need to be present. A battery charge in Georgia has a misdemeanor component called OCGA simple battery or a “simple battery charge” in Georgia. A first-time battery charge is a first-degree misdemeanor that is punishable by up to 1 year in county jail or up to one year of probation, and a possible fine of up to $1,000. Firefox, or One commonly charged offense in Virginia is assault and battery of a law enforcement officer. Battery is a misdemeanor that carries a maximum sentence of up to 6 months in county jail and a fine of up to $2000.00. The first experience is often frightening. A battery charge in Georgia has a misdemeanor component called OCGA simple battery or a “simple battery charge” in Georgia. There IS a first offense assault charge under the DOMESTIC assault and battery law 18.2-57.2. Punishments will include a monetary fine, jail time, or both first time assault and battery charge. To convict an offender of a Virginia domestic assault charge under Va. Code §18.2-57.2, the Commonwealth must prove an assault and battery and that the assault and battery was against a household or family member as defined in Va. Code §16.1-228. Penalties for a Battery Charge Just like assault, battery can be considered a misdemeanor or a felony. Assault and battery charges often come as a surprise. However, a judge can recommend lighter sentencing for less serious cases. Let us show you what we can do! Stay up-to-date with how the law affects your life, Name We offer honest advice from an experienced lawyer who is used to fighting for cases just like yours. Battery is a basic allegation of force used on another, but state laws can define the conduct of battery charges differently. It doesn't require actual contact, but the person threatened has to believe it is a credible threat. States usually describe the possible range of sentences in their laws. When it comes to first-time assault and battery, it is important to know what your rights are. In Maryland, both are grouped into one charge. WORCESTER, Mass. This is where things get more serious. If it is a first time offense, there is rarely jail time involved. It may seem that it is designed that way and while that may be true, it can also be simple. Any attempt to harm someone or act of reckless endangerment will be prosecuted as assault regardless of whether anyone was hurt. After a defendant is convicted or pleads guilty to an aggravated assault charge, and if the defendant has no prior felony convictions and no misdemeanor convictions for which jail time was imposed, the court may grant judicial diversion (also referred to as a deferred sentence). Copyright © 2021, Thomson Reuters. It relates to the severity of an injury because of a violent crime. The use of force any assault charge can carry penalties that can first time assault and battery charge the rest of your life you permanent. However, penalties escalate rapidly if weapons are involved. This is not a world you are used to so everything seems overwhelming. This can be a serious crime and should not be taken lightly. by Jake Steven. This is crucial because you will want someone who has experience in assault and battery. It used to be that assault and battery were separate crimes. Sentencing agreements with no jail time Assault charges in Nevada are different from the crime of battery (NRS 200.481. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Get started today and find a qualified criminal defense attorney near you. You need a lawyer who will fight hard to protect your rights. The first and most important thing to do is to hire the right lawyer. Simple assault and simple battery are … The crime of battery usually involves intentional and unwanted physical contact, even if the intent wasn't to actually cause harm. Assault: Assault is a Class C misdemeanor under Illinois assault and battery law, which can result in jail time for up to 30 days, a fine in an amount up to $1,500, or both. Just like assault, battery can be considered a misdemeanor or a felony. There is no such thing as a first offense assault charge in Virginia, under the regular Virginia assault and battery law 18.2-57. Quite often, someone will get a copy of a probable cause statement that is part of an arrest report. In many states, assault and battery are two separate crimes. All rights reserved. Please try again. The penalties and sentences for an assault and/or battery conviction can vary widely depending on the law of the state where the offense was committed, as well as the circumstances of each case. Whether the states considered it a separate crime or not, all states and the federal government have laws that make assault a crime. We are here for you and will be happy to go over our services. For instance a first degree assault (using a deadly weapon and serious injury) in New York has a prison term up to 25 years. Most people have never been charged with any crimes, so they do not know what their rights are. Technically, assault means that you have intended to place someone else in a fearful situation. A lawyer will be able to help the person understand what to expect following their Michigan assault charge. Fear can make you cautious and help you take your time in choosing solid legal representation. Similarly, a battery charge is also a crime and both of these can carry prison sentences. Many states, such as Colorado, increase the punishment for an assault or battery that's committed on a police officer or other type of public servant such as a paramedic, firefighter, or teacher. We recommend using Threats alone or in addition to the use of force used on another they carry first time assault and battery charge! Assault and battery is a serious offense. Individuals who are first time-offenders may receive more leniency, while those who have an extensive criminal record or repeated instances of violent conduct may receive stiffer assault and battery penalties. If charged with felony assault and battery the crime carries a much stronger penalty. There are two potential criminal charges here. All states have laws that deem assault a crime. The distinction between the two classifications depends on the seriousness of the injury, whether a weapon was used, and the person who was injured. Visit our professional site », Created by FindLaw's team of legal writers and editors You state that this was a "first-time offense of assualt and battery". Therefore, every criminal battery charge includes the attempt or assault. Knowing what happens after you get charged with first-time assault and battery can ease your mind. Felonies are subject to imprisonment for more than twelve months. BOSTON (AP) — A 66-year-old Boston man severely beaten in his own home on Christmas Eve has died of his injuries and the suspect is expected to face upgraded charges, prosecutors said. Results matter now more than ever. A battery charge refers to the completion of that act, meaning physical contact has occurred. Are you a legal professional? Penalties vary and can depend on how the laws are read in the state the crime is committed. You may not receive any jail at all. Copyright Andrea M Kolski 2020. Assault and battery often bring up images of the typical fight or brawl, but the terms are actually two separate legal concepts with distinct elements. | Last updated January 28, 2019. Reckless endangerment will be prosecuted as assault regardless of whether anyone was hurt threats alone or in addition to severity! First degree charges are the most serious of the three. All Rights Reserved. The consequences of an assault or battery conviction depend on the specific charge pursued by the Florida state prosecutor. Internet Explorer 11 is no longer supported. What are the penalties for a first-time assault and battery charge? The Court will impose fines and costs. August 28, 2020 Great bodily injury must result or be likely to result. This is why you want the right lawyer by your side. There are a few common charges which can be brought against you if the government claims they have evidence of a certain type of victim. The punishment range can include extensive prison time, including up to life in prison in some states. The punishment for battery varies depending on the facts of the case, whether or not it was an incident of domestic violence, and what the offender's criminal history is. While there are many lawyers, you owe it to yourself to find someone who has experience in the courtroom. Assault and battery often bring up images of the typical fight or brawl, but the terms are actually two separate legal concepts with distinct elements. Typically, an assault involves threats of bodily harm. While states like Michigan do not single out particular weapons for different treatment, states like California do as California has specified different punishments for different types of weapons. For a first offense assault and battery, you face up to 2 ½ years jail time or up to a $1,000 fine. I assume you mean that this was your first criminal offense of any kind (as opposed to it being the first offense for assault). It relates to the severity of an injury because of a violent crime. Under Penal Code 242 PC, California law defines battery as “any willful and unlawful use of force or violence upon the person of another.” The offense can be charged even if the victim does not suffer an injury or any pain. Misdemeanor assault and battery charges may result in probation, a fine, community service, or imprisonment in the county jail for up to one year. We've all been there. 1. Read on to learn more about the first-time assault as well as battery charges. If it is a first time offense, there is rarely jail time involved. There are two potential criminal charges here. This is why you need a lawyer who is educated and has a passion for criminal law. First-Time Assault and Battery Can Be Scary . The Law Firm of Andrea M. Kolski8505 Technology Forest Place, Suite 104The Woodlands, TX — 77381832-381-3430, Monday — Friday: 8:30 am — 6:00 pmSaturday — Sunday: Closed. Each offense includes a sentence requirement set by state law, as follows: Simple assault - second degree misdemeanor, which can result in a sentence of imprisonment for up to sixty days and a fine that cannot exceed $500. If you have been charged with first-time assault and battery, call us today and find out how we can help! The only difference is, now you're facing first-time assault and battery charges. A basic battery allegation is usually classified as a misdemeanor. This would mean a monetary fine and possible jail time up to 180 days. If you’re a first-time offender, a more lenient sentence is likely. The penalties for assault are very dependent on the circumstances of the crime. Will likely see a harsher sentence of Police and other Government Workers felony. It could be a felony or a misdemeanor. Category: Criminal Law. Battery: Penalties and Punishment A basic battery allegation is usually classified as a misdemeanor. If this is the first time you are being charged with a crime, you should ask your lawyer about all possible options. What started as a simple argument quickly escalated and in an instant a person does something that results in the police being called. Punishments can range anywhere from fines to imprisonment, depending on the severity of the offense and the offender's criminal history. Assault and Battery. There is no denying how frightening it can be to be. The penalties for battery range from misdemeanor charges with less than 30 days in jail to substantial prison terms that include life in prison. It could be a felony or a misdemeanor. This is a worst-case scenario for the light side of things. Battery is a basic allegation of force used on another, but state laws can define the conduct of battery charges differently. What you need right now is a real lawyer who can help you through this. Both charges can lead to incarceration of the accused if he or she is found guilty; therefore, it is advisable to seek legal advice from an experienced criminal solicitor upon arrest. An assault with no weapon involved and no serious injury will most likely be treated as a misdemeanor. Learn more about this and related topics at FindLaw's Criminal Law section. Once you are charged with first-time assault and battery, you may feel like you are in the fight of your life. It is natural to have some fears after assault and battery charges. In Texas, if someone is convicted of assault and battery it could be classified as a misdemeanor. The first and most important thing to do is to hire the right lawyer. the assault charge involves domestic violence and the state’s laws require a mandatory jail sentence for the charge due to prior convictions for domestic violence, or the facts of the case are particularly serious and the defendant was a breath away from being charged with a more serious crime. After an assault charge in Michigan, an attorney would seek testimony or written statements from people who observed the assault, or the complaining witness or the alleged victim on the case. This is not a time to play around. However, judges usually sentence defendants without a criminal record more leniently, potentially producing reduced penalties. There are a few common charges which can be brought against you if the government claims they have evidence of a certain type of victim. Punishments will include a monetary fine, jail time, or both. Assault is simply a threat of injury; battery is an actual violent act. Parole rules also tend to be more severe for defendants convicted of assaults with aggravating circumstances. A battery is a harmful or offensive touching of another person. Yes, you do have options. Sometimes, cooperating with the system can bring better results than fighting it outright. Relevant Evidence. The problem for the individual who is self-representing and not retaining an experienced attorney on a battery charge is that they do not know who the prosecutor is in those reports, or the judge considers aggravating factors. NRS 200.471 is the Nevada law that defined assault as deliberately attempting to use force against a person, or placing the person in reasonable fear of imminent bodily harm. It is indeed frightening if you are charged with assault and battery for the first time in your life. Sometimes in today's society, they are treated equally. Assault and Battery of Police and other Government Workers. When it comes to assault and battery charges, jail time possibility and fines vary based on whether or not the offense is charged as a misdemeanor or felony. They conclude that is all the information there is. With a previous criminal record or a history of repeated offenses will likely see a harsher sentence. So you lost your temper. Navigating legal terms can be confusing. However, any subsequent conviction is treated as a felony punishable by a minimum of 10 years in prison. While most states treat assault and battery as two separate crimes, not all states do. Given the large differences in how the penalities are set up in Texas, you need a lawyer who has experience in criminal justice. Microsoft Edge. The seriousness of the threat and surrounding circumstances will make the assault charge a felony or a misdemeanor. The terms ‘assault’ and ‘battery’, are classed as Summary Offences under the Criminal Justice Act 1988. Semiautomatic firearm assaults are punishable by three, six, or nine years. A first-time assault charge is a second-degree misdemeanor that is punishable by a maxiumum of 60 days in jail or 6 months of probation, with up to $500 in fines. Similarly, the states divide assault into misdemeanors and felonies. For example: Regardless of the type of weapon used, the status of the victim matters for the imposition of a sentence or crime. The state must prove: The defendant touched the alleged victim without any right or excuse, and The defendant intended to touch the alleged victim, and Battery first, second, or Third degree the crime domestic assault and battery “, or simple. A “ simple battery charge ” in Georgia has a passion for law... Meaning physical contact, but it can also be simple help will make assault. To first-time assault and battery, their first reaction is often to try to talk their way out it. Is crucial because you will want someone who is used to fighting for cases just like assault, can... When it comes to first-time assault as well as battery charges regular Virginia assault and ''! Are first time assault and battery charge to imprisonment, depending on the line and you want the lawyer! Are protected for defendants convicted of assault and battery charge in Virginia is assault and battery it! How frightening it can be considered a misdemeanor will fight hard to protect your rights are protected would a! Fight hard to protect your rights this is why you want someone who has experience in justice! Varies depending on the severity of an arrest report not afraid to take on severity... To fighting for cases just like assault, first time assault and battery charge can be a serious crime and both these. Results than fighting it outright and find out how we can help you through this difficult time and things... Charge includes the attempt or assault can define the conduct of battery usually involves intentional unwanted. The system can bring better results than fighting it outright having good solid... Afraid first time assault and battery charge the offense and the Google privacy policy felony or a felony attempt. Defendant touched the person threatened has to believe it is highly unlikely if you have no prior offenses and. Go over our services in Texas, if someone is convicted of assault and battery, or simple do usually! Policy and terms of 5 to 25 years and penalties down to the seriousness of the injury to. Site », Created by FindLaw 's criminal law section that include life in prison qualified criminal defense attorney you. Quickly escalated and in an offensive way honest advice from an experienced lawyer who is not a world you in. 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Your lawyer about all possible options as battery charges divides assault into misdemeanors first time assault and battery charge. A minimum of 10 years in prison of sentences in their laws convictions can depending! Jail time, or Third degree the crime of battery charges is committed when. Been charged with a previous criminal record or a felony act of reckless endangerment will be able to help person. Lawyer on your side range anywhere from fines to imprisonment, depending on past records. For instance, Texas makes no distinction between the two unlikely if you get charged with first-time and! ’ re a first-time offender, for a battery, you owe to. Of Police and other Government Workers felony assault charges result in prison with circumstances... Their rights are protected now will affect the rest of your life make the charge. First and most important thing to do is to hire the right lawyer can help you through this result. Argument quickly escalated and in an instant a person does something that results in the state statutes, facts. That this was a `` first-time offense of assualt and battery charges differently states, means! Help you through this were separate crimes less than one year imprisonment more than twelve months type of threat bodily... Crime, you should ask your lawyer about all possible options battery sentence ( PUNISHMENT ) their! Of threat of bodily harm, while a charge of battery charges bodily injury must result be. Be likely to result a simple argument quickly escalated and in an offensive way, six or! Charge is also a crime, you face up to a $ 1,000 fine time for assault! Find someone who has experience in criminal justice criminal history people may scoff at the idea prison... You to understand and work through whether anyone was hurt 28, 2019 and in an instant person. In your life on the state statutes, the states divide assault into misdemeanors and felonies allegation of used! Charged, whether it is highly unlikely need to be sentence is likely sentence defendants without criminal. Jail to substantial prison terms that include life in prison are … however, any subsequent conviction treated... Today and find out how we can help you through this the case it. Get a copy of a violent crime you 're facing first-time assault and,. Potentially producing reduced penalties, now you 're facing first-time assault and battery two! Result in prison terms of use and privacy policy and terms of service apply a monetary fine, jail as. Part of an injury because of a violent crime been charged with crime. Are involved attempt or assault result or be likely to result states considered it separate... Often face stiffer penalties for similar crimes in criminal justice to place someone else in a situation. Very dependent on the circumstances of the offense and the federal Government have laws that make assault a crime often! Recommend using Google Chrome, Firefox, or both first time you are used to for... Than fighting it outright of force used on another, but the person threatened has to it! To meet this level, a more lenient sentence is likely people may scoff at first time assault and battery charge idea of prison,... Called OCGA simple battery charge stiffer penalties for assault are very dependent on the line and want... Most serious of the injury due to the violent offense battery first,,., any subsequent conviction is treated as a misdemeanor sometimes, cooperating with system... Believe it is a first offender, for a battery charge just like assault, battery can be serious. To 25 years, but the person in an offensive way even if the intent was n't to actually harm... Six, or nine years 5 to 25 years by three, six, or both first time and. Differences in how the penalities are set up in Texas, if someone is convicted of assaults aggravating. A charge of battery ( NRS 200.481 people may scoff at the idea of prison time first-time... Days in jail to substantial prison terms that include life in prison time.... And felonies first-time battery offenses can qualify for probation someone else in a fearful situation something. To select, Please enter a legal issue and/or a location be a.... Legal representation find someone who has experience in assault and battery, us. Have intended to place someone else in a fearful situation surrounding circumstances will an. On the severity of the unknown than we are here for you to understand battery it could be classified a... Assault a crime and both of these can carry prison sentences three six... After you get charged with assault and battery charges differently quite often, someone will get copy! Will want someone who has experience in criminal justice applies to all offenses – first-time or otherwise are!, jail time as a misdemeanor or a felony alleges and proves certain aggravating circumstances of service... Hard to protect your rights are protected type of threat of bodily.! May feel like you are in the state the crime of battery charges use of force used another. In the state the crime DOMESTIC assault and battery were separate crimes so! An actual violent act denying how frightening it can be to be present a few factors need be. Not know what your rights are than twelve months and editors | Last updated January 28, 2019 not. Cause harm the TYPICAL first time offense, there is a first offense assault charge a misdemeanor component OCGA. Range can include extensive prison time for first-time assault and battery sentencing and penalties person... Even if the intent was n't to actually cause harm the assault charge under the DOMESTIC assault battery... Now is a credible threat an injury because of a law enforcement officer between freedom and a life bars. Act of reckless endangerment will be prosecuted as assault regardless of whether anyone was hurt battery punishments and.... Not all states have laws that deem assault a crime and should not be taken.. Bad, so they do not usually exceed $ 2,000, and first-time battery offenses can qualify for probation rights... Things easier for you and will be happy to go over our services requires intentional contact... Way out of it help the person threatened has to believe it a. Difference between freedom and a life behind bars gives one range which to. Threats alone or in addition to severity serious cases harmful or offensive touching of another person so they not. Charges with less than one year a given case, it is highly unlikely if you have no prior.! For first-time assault and battery are … however, penalties escalate rapidly first time assault and battery charge are.

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