Assault and Battery FAQ

What is Assault?

Assault is when a person threatens another human being of bodily injury, whether it is through gestures or words. For an assault charge to occur there does not have to be any physical contact between the offender and the victim. In addition, the person being threatened has to fear the threat and feel as though that the person making the threat will act upon their words or gestures.

What is Battery?

Battery is when physical contact is made from one person to another in a violent or threatening manner; battery involves physical contact with another person.

What is the difference between Assault and Battery?

The main difference between assault and battery is that assault does NOT involve physical contact where battery DOES involve physical contact. For example, if a person points a gun at another person and threatens to kill them, that is assault with a deadly weapon. However, if the person presses the gun against a person’s head or hits a person with a gun that is battery with a deadly weapon.

If I just threaten a person can I go to jail?

Unfortunately, assault is a very serious crime and is considered a criminal offense. If you threaten a person to the point where they believe you are going to hurt them, you can go to jail.

If someone accuses me of battery should I tell my side of the story to an officer if asked?

It depends on the situation. If you did not assault or have physical contact against another person then you may want to tell your side of the story. However, if some physical contact was made, even if it was self-defense, you may want to keep quiet and speak with an attorney. Remember you do not have to answer any incriminating questions that an officer asks you, it is your right to not incriminate yourself.

Also remember, that if you threatened another person, but did not touch them, you can still be charged with assault. So if an officer asked you what happened and you state that you did not touch the person, you only threatened them, you could still be charged, so be careful and speak with an attorney if need be.

If I threaten a person with a weapon is that Assault or Battery?

If you threaten a person with a weapon and you do not touch them in any way, then that is assault with a deadly weapon or aggravated assault. However, if you touch them while holding a deadly weapon then you will be charged with aggravated battery. Both are very serious charges that have harsh penalties.

What are the different types of Assault?

The main two types of assault are simple assault and aggravated assault. Simple assault is when a person is threatening another individual without a weapon or force. Aggravated assault is when a person uses a weapon or forcefully threatens another individual casing immediate fear. Aggravated assault with a weapon can also be charged as assault with a deadly weapon.

What are the different types of Battery?

The three main types of battery charges are, simple battery, felony battery, or aggravated battery.
Simple battery is when a person caused harm to another human being, or touches another person without their consent. It will become a battery felony if it is the defendant’s second or subsequent time being prosecuted for battery.

Aggravated battery is the highest battery violation that a person can get and occurs when a person causes severe damage to another person’s body. Aggravated battery charges are typically seen in cases where the defendant caused permanent disfigurement to the victim, or when the defendant used a deadly weapon, or when the defendant caused bodily harm to a woman who was pregnant.

What are the penalties for a Simple Assault?

The penalties for a Simple Assault charge are as follows:

A second degree misdemeanor
Up to 60 days in prison
Up to a $500 fine

What are the penalties for Aggravated Assault?

The penalties for an Aggravated Assault charge are as follows:

A third degree felony
Up to 5 years in prison
Up to a $5,000 fine

What are the penalties for a Simple Battery?

The penalties for a Simple Battery charge are as follows:

A first degree misdemeanor
Up to one year in prison
Up to a $1000 fine

What are the penalties for Felony Battery?

The penalties for Felony Battery are as follows:

A third degree felony
Up to 5 years in prison
Up to a $5000 fine

What are the penalties for Aggravated Battery?

The penalties for Aggravated Battery are as follows:

A second degree felony
Up to fifteen years in prison
Up to a $10,000 fine

Should I hire a lawyer if I am charged with Assault or Battery even if I am innocent?

You should definitely at least consult with a lawyer regarding your charge. Being that assault is a criminal offense you could do some jail time and be charged with high fines. Assault charges can be difficult for your accusing party to prove, but it is still their word against yours and that gives you a 50/50 chance. Hiring a lawyer will ensure your chances of having your innocence recognized.

Should I admit to hitting another person if it was in self-defense?

This is a judgment call. If you can absolutely prove that it was self-defense then you should be okay. However, many people cannot prove that it was self-defense and the justice system works off of proof. If the other party is pressing charges against you or if you do not have any proof of self-defense it would be in your best interest to consult with an attorney and keep quiet. Remember that you have the right to not answer any incriminating questions.

What are my defenses for an Assault charge?

Assault charges have great defenses for you. For starters your accusing party must be able to prove the assault. This is not very easy because assault typically does not include any type of physical contact, so it is their word against yours, if there are no witnesses. Secondly, the opposing party must prove that you were intending to make good on your threat and they were fearful of you. Again this is not easy for a prosecution to prove. Another common defense for assault is that you may have simply been playing around and were threatening the victim in a playful manner. This is not an assault because you were not intending to cause the plaintiff any harm.

What are my defenses for a Battery charge?

The most common defenses for battery are: Self-defense, defense for another person, total accident, defense against property destruction, and/or the defendant had consent from the victim. It is your right to defend yourself if you are in harm’s way and this could have led to your battery conviction. Defense strategies for your case should be discussed with a trusted criminal defense lawyer.