Assault occurs when a person intentionally puts another in fear of being battered.
Battery occurs when a person unlawfully touches or hits another person in an offensive, rude, harmful, or forceful manner. Actual physical contact must occur for a battery charge.
Assault and Battery can both be charged as petty misdemeanors all the way up to felony level offenses, depending on the amount of harm caused and whether or not a weapon was used.
A petty misdemeanor assault or battery carries a maximum penalty of 6 months in jail. A misdemeanor (non-petty) carries a maximum penalty of a year in jail. Felony level offenses carry maximum penalties of years in prison.
Any assault or battery charge can be considered a crime of violence and can carry serious consequences, beyond time in jail/prison.
Even if there is good evidence the alleged victim was assaulted or battered, there are several defenses to these type of cases including, self-defense, mistaken identity, lack of intent, and defense of others.
The Criminal Defense Lawyers at McGraw & Strickland have handled all levels of Assault and Battery cases successfully.