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. Technically, assault means that you have intended to place someone else in a fearful situation. Great bodily injury must result or be likely to result. This is not a world you are used to so everything seems overwhelming. A battery charge in Georgia has a misdemeanor component called OCGA simple battery or a “simple battery charge” in Georgia. It is indeed frightening if you are charged with assault and battery for the first time in your life. Battery is a basic allegation of force used on another, but state laws can define the conduct of battery charges differently. The punishment range can include extensive prison time, including up to life in prison in some states. For instance a first degree assault (using a deadly weapon and serious injury) in New York has a prison term up to 25 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. Parole rules also tend to be more severe for defendants convicted of assaults with aggravating circumstances. Relevant Evidence. 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. We are here for you and will be happy to go over our services. Simple assault and simple battery are … Assault charges in Nevada are different from the crime of battery (NRS 200.481. While first time offenders may receive more leniency, repeat offenders often face stiffer penalties for similar crimes. (a) Whoever commits an assault or an assault and battery upon another shall be punished by imprisonment for not more than 21/2 years in a house of correction or by a fine of not more than $1,000. People may scoff at the idea of prison time for first-time assault and battery, but it can happen. State and federal laws provide for more serious punishments when the victim is a peace officer, fireman, or a member of the legislature, executive or judicial branch of government. Battery: Penalties and Punishment A basic battery allegation is usually classified as a misdemeanor. Having good, solid legal help will make an assault and battery charge much easier to understand and work through. Please try again. The email address cannot be subscribed. 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. Misdemeanor assault and battery charges may result in probation, a fine, community service, or imprisonment in the county jail for up to one year. One commonly charged offense in Virginia is assault and battery of a law enforcement officer. Similarly, the states divide assault into misdemeanors and felonies. There is no denying how frightening it can be to be. 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. It is highly unlikely if you have no prior offenses. Just like assault, battery can be considered a misdemeanor or a felony. It all comes down to the seriousness of the injury due to the violent offense. 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. If you do not have good legal representation, you could end up in jail for up to ten years on the positive side of things, or twenty years to life in prison. If this is the first time you are being charged with a crime, you should ask your lawyer about all possible options. 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. The first experience is often frightening. 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. The penalties for assault are very dependent on the circumstances of the crime. However, judges usually sentence defendants without a criminal record more leniently, potentially producing reduced penalties. 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. First degree charges are the most serious of the three. Unfortunately, assault gives one range which applies to all offenses – first-time or otherwise. 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. \"Involve nonconsensual touching of the private parts of a person, either under or above clothing, with lewd and lascivious intent”; OR 2. Section 13A. This is when you need the right lawyer. This is crucial because you will want someone who has experience in assault and battery. However, if the first time offender gets a positive result through the anger management programs and/or any other programs, then his/her charges would be dismissed. Any attempt to harm someone or act of reckless endangerment will be prosecuted as assault regardless of whether anyone was hurt. Appealing to a judge’s better nature can reduce the severity of the consequences should you be … Yes, you do have options. All states have laws that deem assault a crime. Copyright Andrea M Kolski 2020. Knowing what happens after you get charged with first-time assault and battery can ease your mind. In order for a charge to meet this level, a few factors need to be present. Battery first, second, or Third degree the crime domestic assault and battery “, or simple. Under the first offense program, your case can be deferred for two years and if you successfully complete the program the case gets dismissed. Let us show you what we can do! We offer honest advice from an experienced lawyer who is used to fighting for cases just like yours. 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