Overview of Assault And Battery

Answer 1

Assault is a very common crime. Assault can be a misdemeanor or a felony. To be considered a felony, assault charges must involve a clear intent to cause significant bodily harm. If a deadly weapon is used, the crime becomes aggravated assault. Felony assault and battery is distinguished from attempted assault or simple assault by the extent of injury inflicted on the victim. Additionally, the nature of the victim could lead to a felony charge. For example, assault against a child or woman would be considered a felony. Felony assault charges are taken much more seriously. As a result, the penalties are much more severe.

Felony assault and battery can fall in to a number of categories. As mentioned, the presence of a weapon signifies aggravated assault and battery. If the victim is a police officer or public official, it will be categorized as a felony regardless of the extent of the injury. If a sexual crime is involved, particularly against a minor, that charge will be more severe as well. Usually, a sexual assault perpetrator is required to register as a sex offender in addition to the other penalties. A felony assault and battery charge can also used if a person uses a motor vehicle to inflict home.

The penalties for felony assault and battery can be extensive. In some states, a felony conviction could land someone in jail for up to twenty years. Other punishments include fines, payments to the victim, loss of the right to own firearms, probation, and required counseling. When a judge issues a sentence, several factors are taken in to consideration. The severity of the injuries will often lead to a stiffer sentence. If a weapon was used, that will play a role as well. Penalties for felony assault and battery will usually be tough. This is true for first time offenders. If the person has a prior conviction, they can expect severe penalties. Jail time is almost always issued in cases of felony assault and battery. There will also be extensive probation and financial penalties.

Every state will carry different laws regarding felony assault and battery. Most states classify felonies in different levels. The nature of the crime, weapons used, and the victim all help determine the felony class that will be charged to a perpetrator.