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Assault & Battery: Two Different Crimes

Posted By Blumenthal Law Offices || 5-Jan-2017

There is a common misconception that assault and battery are one in the same since they are often charged together. However, assault and battery are two separate offenses. Even if you are charged with both crimes, it is important to understand the difference between these offenses and how they are charged and penalized. Our firm is fully prepared to explain what these charges entail and represent you if you have been arrested.

The Difference Between Assault & Battery

Assault is the act of attempting to cause harm or threatening another person with bodily injury or death, while battery entails actual physical contact with another person. Simple assault must involve the physical ability to cause the injury and is typically charged as a misdemeanor. Assault with a deadly weapon involves an effort to cause a serious injury or death using a lethal weapon. An attempt to cause a serious injury to a police officer, EMT, firefighter, or other public safety worker is considered an assault on an officer.

Because there are several degrees of assault, the penalties for a conviction can vary. Simple assault carries much less severe penalties than a crime against an officer or one with a deadly weapon.

Battery is the use of physical force to harm another individual. There are varying degrees of battery charges, including simple battery, battery on an officer, sexual battery, and domestic battery. In order to prove an act of battery took place, the prosecution must show that there was an intentional and unlawful use of violence and/or force. Acts of battery committed against an officer, or which involve the use of a deadly weapon, are punished severely.

The penalties for being charged with assault and battery may include:

  • Time in county jail
  • Time in state prison
  • Community service
  • Large fines

The Riverside criminal defense attorneys at our firm are prepared to represent any degree of assault and battery charges. To set up a no-charge consultation, please contact us now at (951) 682-5110.

Categories: Criminal Defense

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