What are assault and battery?

What are assault and battery?

If you need legal advice in San Diego, California, call us today at (619) 746-8879

Crimes of assault, battery and aggravated assault all involve intentional harm inflicted on one person by another person. Depending on the seriousness of the attack, either assault or battery can escalate to an aggravated assault.

Assault is defined as an intentional act that causes another person to fear that s/he is about to suffer physical harm. The law recognizes that making someone else believe that they are in danger of being physically harmed or have received a threat of an attack (even if the attack never takes place) is a crime and deserves punishment.

The definition of “Battery” will vary by jurisdiction but it can refer to the intentional offensive or harmful touching of another person without his/her consent. This crime will require all of the following to have occurred: Intentional touching; The touching was harmful or offensive; There was no consent from the victim.

Assault and battery as one crime

Historically, the crimes of assault and battery were considered separate, but since battery requires the aggressor to physically strike or offensively touch the victim it is seen as a “completed assault”. This is why this crime is often referred to as “assault and battery”.

Assault can also be considered simple or aggravated, depending on the seriousness of the harm that occurred. Aggravated assault is a felony that may involve an assault with a weapon or also an intent to commit a serious crime, such as rape. This crime is sometimes referred to as “assault with a deadly weapon”.

Aggravated assault may also occur when the crime took place in the course of a relationship that the legal system considered as worthy of special protection. If any of the above did not happen, then the assault is simple.

What is the sentence for assault and/or battery crimes?

Penalties for these crimes can vary widely depending on the law of the state in which the offense was committed and also on the circumstances of each case. The sentence can range anywhere from fines to imprisonment and depend on the offender’s criminal history.

If it was the first offense, it is more likely that the person will receive more leniency, but those who have a criminal record or are repeating the offense can receive larger penalties.

Federal law divides assault into a felony that is punishable by ten years of imprisonment and a misdemeanor that is punishable by one year in prison. You should read more about what a misdemeanor is in the state of California.

An assault with no weapon and no serious injury can be treated as a misdemeanor or even as just an infraction with fine or 30-day jail time. However, if a weapon was involved in the assault, there are states that have punished it with 25 years in prison.

Battery can also be considered a misdemeanor or a felony and the difference will depend on the seriousness of the crime or whether a weapon was used or not. Some state and federal laws consider it even more serious if the victim was a peace officer, a fireman or a member of any branch of the government.

As for aggravated assault or battery, Find Law lists several examples of possible sentences, depending on the severity and characteristics of the crime:

• Assault with a caustic chemical: Two, three or four years in prison;
• The use of deadly weapons: It can be punished as a misdemeanor or a felony (two, three or four years in prison);
• Assaults with a machine gun: Four, eight, or twelve years in prison;
• Semiautomatic firearm assaults: Three, six, or nine years.

If you have any questions about assault and battery and need legal guidance, please contact Kannan Law where professional criminal defense attorneys in San Diego, California are ready to help you. Call us today!