The Difference between Assault and Battery

Assault and battery are both crimes that both involve hurting another individual. Depending on the severity of the crime, both assault and battery can be charged as misdemeanors or as felonies. Like other crimes, the penalty for an assault and/or battery conviction will be more severe if the perpetrator has a prior conviction.

Even relatively minor assault and battery cases can lead to serious penalties, including prison time. If you have been charged with assault, battery, or both, an experienced criminal defense attorney can help you by preparing your case against the prosecution and defending your rights in court. For sound legal advice contact the criminal defense lawyers.

What is Assault?

By law, assault is less concerned with whether or not physical harm actually occurred as it is with if there was a real intent to cause harm. If the prosecution can show reasonable evidence of intent to harm someone, you may be convicted of assault. Assault is classified as a second degree misdemeanor, which is punishable by up to 60 days in jail and a monetary fine up to $500.

What is Battery?

Battery is generally a more serious offense than assault. A battery charge focuses on whether or not you made physical contact with another person against his or her will and whether physical harm was inflicted. Since this is considered a more violent crime than assault, it is charged as a first degree misdemeanor. If you are convicted of battery, you may face up to 1 year in jail and a monetary fine up to $1000.

Contact a Lawyer

An assault or battery charge is a serious allegation with heavy penalties. If you have a past criminal record or used a weapon while committing assault or battery, the penalties you face are even more severe than those listed above. However, being charged with a crime does not automatically mean that you are guilty. You have a right to defense in court to make a case for your innocence.

If you have been arrested for assault, battery, or both, contact a criminal defense lawyer with expertise in assault and battery cases.