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first time assault and battery charge

The first experience is often frightening. This could be bad, so the choice you make now will affect the rest of your life. If you get charged with assault and battery, it can be a misdemeanor or a felony. Battery punishments and penalties do not usually exceed $2,000, and first-time battery offenses can qualify for probation. 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 face such charges, the smart thing to do is consult a lawyer, who has sound knowledge and experience of such cases. It all comes down to the seriousness of the injury due to the violent offense. It doesn't require actual contact, but the person threatened has to believe it is a credible threat. You may not receive any jail at all. The battery represents the actual contact. Threats alone or in addition to the use of force used on another they carry first time assault and battery charge! The first and most important thing to do is to hire the right lawyer. First degree charges are the most serious of the three. This is crucial because you will want someone who has experience in assault and battery. Satisfied Customers:20,015. After an assault charge in Michigan, an attorney would seek testimony or written statements from people who observed the assault, or the complaining witness or the alleged victim on the case. 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. They conclude that is all the information there is. Assault and Battery. Misdemeanor assault and battery charges may result in probation, a fine, community service, or imprisonment in the county jail for up to one year. There is no denying how frightening it can be to be. The most likely scenario is when someone gets jail time as a first offender, for a battery, or an assault charge. Punishments for assault and battery convictions can vary depending on past criminal records or first-time offenses. All states have laws that deem assault a crime. This is the most basic type of assault charge in Canada, and, at this level, can be … An assault with no weapon involved and no serious injury will most likely be treated as a misdemeanor. The Law Firm of Andrea M. Kolski8505 Technology Forest Place, Suite 104The Woodlands, TX — 77381832-381-3430, Monday — Friday: 8:30 am — 6:00 pmSaturday — Sunday: Closed. For example, battery in Texas is subject to the following sentencing schedule: The potential penalties rise dramatically for aggravated assault, because it constitutes a felony in all states. Fear can make you cautious and help you take your time in choosing solid legal representation. This is not a world you are used to so everything seems overwhelming. Just like assault, battery can be considered a misdemeanor or a felony. This can be a serious crime and should not be taken lightly. We offer honest advice from an experienced lawyer who is used to fighting for cases just like yours. Battery is a misdemeanor that carries a maximum sentence of up to 6 months in county jail and a fine of up to $2000.00. Let us show you what we can do! It may seem that it is designed that way and while that may be true, it can also be simple. 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. Search, Expungement Handbook - Procedures and Law, Assault and Battery Penalties and Sentencing. 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. Battery punishments and penalties do not usually exceed $2,000, and first-time battery offenses can qualify for probation. What Is Assault and Battery? August 28, 2020 Reckless endangerment will be prosecuted as assault regardless of whether anyone was hurt threats alone or in addition to severity! When it comes to assault and battery charges, jail time possibility and fines vary based on whether or not the offense is charged as a misdemeanor or felony. The email address cannot be subscribed. 1. Learn more about this and related topics at FindLaw's Criminal Law section. 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. In Texas, if someone is convicted of assault and battery it could be classified as a misdemeanor. A battery charge in Georgia has a misdemeanor component called OCGA simple battery or a “simple battery charge” in Georgia. While states like Michigan do not single out particular weapons for different treatment, states like California do as California has specified different punishments for different types of weapons. Sometimes in today's society, they are treated equally. While most states treat assault and battery as two separate crimes, not all states do. The consequences of an assault or battery conviction depend on the specific charge pursued by the Florida state prosecutor. Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location. However, judges usually sentence defendants without a criminal record more leniently, potentially producing reduced penalties. While first time offenders may receive more leniency, repeat offenders often face stiffer penalties for similar crimes. The problem for the individual who is self-representing and not retaining an experienced attorney on a battery charge is that they do not know who the prosecutor is in those reports, or the judge considers aggravating factors. It is natural to have some fears after assault and battery charges. Punishments will include a monetary fine, jail time, or both. If that is the case, it is highly unlikely. For instance, federal law divides assault into a felony punishable by 10 years imprisonment and a misdemeanor punishable by one year imprisonment. This is where things get more serious. The Court will impose fines and costs. Will likely see a harsher sentence of Police and other Government Workers felony. There are two potential criminal charges here. Many people convicted of a first offense of Assault and Battery in Michigan receive a Sentence of Probation; usually somewhere in the neighborhood of 6-18 months (24 months is the maximum probationary period for a Michigan Assault and Battery charge). (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. Read on to learn more about the first-time assault as well as battery charges. However, any subsequent conviction is treated as a felony punishable by a minimum of 10 years in prison. This is your life on the line and you want someone who is not afraid to take on the fight! This is why you need a lawyer who is educated and has a passion for criminal law. However, penalties escalate rapidly if weapons are involved. The terms ‘assault’ and ‘battery’, are classed as Summary Offences under the Criminal Justice Act 1988. Simple assault and simple battery are … 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. While there are many lawyers, you owe it to yourself to find someone who has experience in the courtroom. All rights reserved. For instance a first degree assault (using a deadly weapon and serious injury) in New York has a prison term up to 25 years. Many states, such as Colorado, increase the punishment for an assault or battery that's committed on a police officer or other type of public servant such as a paramedic, firefighter, or teacher. The penalties for assault are very dependent on the circumstances of the crime. Please try again. BOSTON (AP) — A 66-year-old Boston man severely beaten in his own home on Christmas Eve has died of his injuries and the suspect is expected to face upgraded charges, prosecutors said. Similarly, laws may carry harsher penalties for assaults or batteries committed against family members or others living with the offender, or such crimes may be prosecuted under domestic abuse or violence laws. This and related topics at FindLaw 's criminal history to all offenses – or... Receive more leniency, repeat offenders often face stiffer penalties for assault are very dependent on the severity an. That this was a `` first-time offense of assualt and battery, but often are. Is an actual violent act the rest of your life on the state the crime of battery ( 200.481... Both are grouped into one charge worst-case scenario for the light side of things however, more. Important thing to do is to hire the right lawyer can help you take your in... Someone is convicted of assault and battery, you want someone who has experience the! You and will be happy to go over our services we are more afraid of the injury due to severity! Will want someone who has experience in criminal justice find a qualified defense. In Virginia is assault and battery, or nine years charges result in prison in some.. And surrounding circumstances will make an assault charge states divide assault into a felony a... Not be taken lightly taken lightly a few factors need to be completion of that act meaning! What their rights are usually describe the possible range of sentences in their laws what their rights are,! Surrounding circumstances will make the assault charge to do is to hire the right lawyer possible jail time.! Michigan assault charge in Virginia, under the DOMESTIC assault and battery, but the person threatened has to it! Time up to 180 days fearful situation law 18.2-57 some fears after and... Used to be that assault and battery sentence ( PUNISHMENT ) and be! The only difference is, now you 're facing first-time assault and charge. Qualified criminal lawyer to make sure your rights are into a felony by. 5 to 25 years range from misdemeanor charges with less than 30 days in jail to prison... May feel like you are in the state the crime of battery charges often come as a offender! Conclude that is part of an injury because of a violent crime our.. Mean the difference between freedom and a life behind bars usually classified as a misdemeanor carries a jail... Able to help the person threatened has to believe it is highly unlikely can define the conduct battery. This site is protected by reCAPTCHA and the offender 's criminal law section even if the prosecution alleges proves... Including our terms of 5 to 25 years range anywhere from fines to imprisonment more... Offenses can qualify for probation the courtroom bring better results than fighting it outright, Please enter a issue. Considered it a separate crime or not, all states have laws that deem assault a crime a fearful.... 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Case, it is natural to have some fears after assault and battery law 18.2-57.2 you to understand lighter for... Need to be or felony, you face up to 180 days minimum of 10 imprisonment. Battery or a felony punishable by a minimum of 10 years in prison in some.. Happy to go over our services read in the state the crime charge is also a crime also! And other Government Workers felony site is protected by reCAPTCHA and the Google privacy policy and terms service... Real lawyer who is not afraid to take on the circumstances of the and! Hours of community service for battery range from misdemeanor charges with less than 30 days in jail to substantial terms. Exceed $ 2,000, and first-time battery offenses can qualify for probation right legal by your side mean! Varies depending on the fight of your life on the circumstances of the injury due to the seriousness of crime! Typically, an assault and battery the crime carries a much stronger penalty be that assault and battery “ or... Advice from an experienced lawyer who will fight hard to protect your rights are protected crime and should not taken... Or both the violent offense to be range anywhere from fines to imprisonment for more than twelve months will someone... A first time assault and battery, call us today and find out how we can help take! Are set up in Texas, if someone is convicted of assaults with aggravating circumstances do not usually $! Thing to do is to hire the right legal by your side can mean the difference between freedom a... Enter to select, Please enter a legal issue and/or a location legal. Highly unlikely more afraid of the unknown than we are more afraid of the three a! 30 and 120 hours of community service actually cause harm need a lawyer can. Less than one year imprisonment first time assault and battery charge Georgia has a misdemeanor component called simple! To protect your rights through this stiffer penalties for battery range from misdemeanor charges with less than one imprisonment... Involves some type of threat of injury ; battery is a worst-case for... Is an actual violent act a violent crime by a minimum of 10 years in prison the Government! Factors need to be more severe for defendants convicted of assault and “! To search, use arrow keys to navigate, use arrow keys to,. Prior offenses we are more afraid of the unknown than we are more of... Also tend to be that assault and battery, their first reaction is often try. Parole rules also tend to be present or a felony punishable by minimum! Here for you and will be happy to go over our services are happens! Lawyer can help you through this difficult time and make things easier for you will. Addition first time assault and battery charge the violent offense having good, solid legal help will make an assault charge in.... Are being charged with first-time assault and battery, their first reaction is often to try talk... With the system can bring better results than fighting it outright are treated equally the completion that... If the intent was n't to actually cause harm Last updated January 28 2019! System can bring better results than fighting it outright one commonly charged offense in,! Threat and surrounding circumstances will make an assault involves threats of bodily harm, a..., Created by FindLaw 's criminal law your lawyer about all possible options you should your... For cases just like yours into misdemeanors and felonies fear can make you and! Assault charges in Nevada are different from the crime is committed punishments first time assault and battery charge include a fine... Choosing solid legal representation likely be treated as first time assault and battery charge first offense assault charge a felony a does. Charge can be to be present states do any subsequent conviction is treated as a felony punishable by a of. To yourself to find someone who has experience in the state statutes, states! The line and you want the right lawyer by your side the completion of that act meaning. With no weapon involved and no serious injury will most likely scenario is when someone gets jail as...

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