Crime rate in the US has fairly increased as a result of poverty, homelessness, increasing debt and terrorism. Even though guns have been banned from being owned by civilians, the crime rate and assault rate doesn’t seem to decline, because people still own illegal weapons and often commit crimes and harm the innocent.
The punishment for assault and battery needs to be severe, and an example must be set amongst violators as to how they will be punished if they crossed the line.
Assault and Battery
The legal definition of assault is the intentional physical harm caused by one person to another. Causing intentional threat to another person, so much that they fear for their life is called an assault. There is a thin line though; even if the person didn’t manage to physically harm the other person because they escaped, but attempted to harm them will also be considered an example of assault.
For the longest time, assault and battery were considered separate crimes, however, most states now consider it as one. Where assault is intending to harm the other person or creating fear in their eyes, battery is actually harming the other person. Assault and battery is referred to as threatening AND making harmful physical contact with them.
Assault and Battery Punishment
Whether countries or states have a distinction between assault and battery, the penalties for such a crime are severe. For example, a felony assault is punishable by 10 years in prison whereas a misdemeanor is punishable by one year imprisonment. The basic rule is that minor misdemeanors are punishable by less than a year, whereas an actual felony assault is punishable by more than a year.
An aggravated first degree assault which included the use of a deadly weapon has the perpetrator imprisoned for at least 25 years and up to $5,000 in fines.
The penalties for battery range from misdemeanor charges with less than 30 days in jail to substantial lifetime imprisonment. States usually describe the possible range of sentences in their laws.
First Time Assault and Battery Charge
If someone is charged with a simple assault crime, lawyers advise them to plead guilty. By doing this, the person admits to the simple assault and is open to whatever punishment the judge gives him. If the assault is of failed battery; meaning the criminal intended to harm the person but failed to do so, and the victim was not physically harmed in any way, then the person could plead guilty for a lesser sentence.
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.
For instance, there are several plea options that may help you beat a simple assault charge against you:
Sentencing with no jail-time: This is often granted as a first time simple assault charge, especially to a person who has a clean record. This means that the defendant spends the sentence on probation, and if he violates the rules of probation or commits some other crime, he will then be punished.
What is an Example of Battery?
Battery, in simple words is the defendant physically harming the plaintiff that it causes injuries and bodily harm. One very famous case of battery is when famous pop-star Rihanna was injured by her singer boyfriend, Chris Brown in 2009 in Los Angeles.
Even though Brown had fled the scene when police found Rihanna injured in her home, the next morning Brown pled guilty and was faced with assault and battery charges, sentencing, probation and domestic violence counseling.
How do you prove a Battery?
To prove a battery, there are certain things you need to be mindful of, and you need to know the difference between assault and battery. Where assault is just intending to harm, battery is actually harming the other person physically.
There are certain elements of battery that prove that the crime was in fact committed:
- Non-consensual contact
- The defendant engaged in a voluntary physical act
- The voluntary physical act involved the application of force to another person
- The application of force resulted in contact that was either harmful or offensive to the victim
- Harm
- Damages
Conclusion
Whether the other person was harmed or not, you intended to commit a simple assault, which is enough to drag you to court. The punishment for simple assault is real, and it’s even harder for battery which is the act of actually physically harming the other person.
To beat a simple assault or battery charge, your lawyer will advise you on different options based on your particular situation. If you’re slammed with a battery charge, you should hire a defense attorney as soon as possible to mitigate your case and beat the charge.
