Yes, you do have options. If you're facing assault and battery charges, a qualified legal counsel can help you identify potential defenses and devise a plan to minimize the consequences of your case. Quite often, someone will get a copy of a probable cause statement that is part of an arrest report. Any attempt to harm someone or act of reckless endangerment will be prosecuted as assault regardless of whether anyone was hurt. Given the large differences in how the penalities are set up in Texas, you need a lawyer who has experience in criminal justice. It relates to the severity of an injury because of a violent crime. Each offense includes a sentence requirement set by state law, as follows: Simple assault - second degree misdemeanor, which can result in a sentence of imprisonment for up to sixty days and a fine that cannot exceed $500. Stay up-to-date with how the law affects your life, Name Attorney & Mediator, Lawyer. Most people have never been charged with any crimes, so they do not know what their rights are. The seriousness of the threat and surrounding circumstances will make the assault charge a felony or a misdemeanor. Fear can make you cautious and help you take your time in choosing solid legal representation. However, any subsequent conviction is treated as a felony punishable by a minimum of 10 years in prison. This is the most basic type of assault charge in Canada, and, at this level, can be … A charge of "assault and battery" combined usually refers to both threats of bodily harm and the actual following through with physical contact. 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. There IS a first offense assault charge under the DOMESTIC assault and battery law 18.2-57.2. To convict an offender of a Virginia domestic assault charge under Va. Code §18.2-57.2, the Commonwealth must prove an assault and battery and that the assault and battery was against a household or family member as defined in Va. Code §16.1-228. August 28, 2020 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. The distinction between the two classifications depends on the seriousness of the injury, whether a weapon was used, and the person who was injured. What are the penalties for a first-time assault and battery charge? Learn more about this and related topics at FindLaw's Criminal Law section. Illinois Statutes Chapter 720 (Battery) Penalties. State and federal laws provide for more serious punishments when the victim is a peace officer, fireman, or a member of the legislature, executive or judicial branch of government. It relates to the severity of an injury because of a violent crime. Continue on to learn more about assault and battery sentencing and penalties. 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. Search, Expungement Handbook - Procedures and Law, Assault and Battery Penalties and Sentencing. The most likely scenario is when someone gets jail time as a first offender, for a battery, or an assault charge. Once you are charged with first-time assault and battery, you may feel like you are in the fight of your life. Simple assault is generally a misdemeanor that carries a penalty of up to 6 months in jail and a fine of up to $1000.00.. Punishments will include a monetary fine, jail time, or both first time assault and battery charge. Both charges can lead to incarceration of the accused if he or she is found guilty; therefore, it is advisable to seek legal advice from an experienced criminal solicitor upon arrest. With a previous criminal record or a history of repeated offenses will likely see a harsher sentence. It is highly unlikely if you have no prior offenses. The penalties for battery range from misdemeanor charges with less than 30 days in jail to substantial prison terms that include life in prison. You state that this was a "first-time offense of assualt and battery". There is no such thing as a first offense assault charge in Virginia, under the regular Virginia assault and battery law 18.2-57. Results matter now more than ever. Felonies are subject to imprisonment for more than twelve months. 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. If you’re a first-time offender, a more lenient sentence is likely. Satisfied Customers:20,015. 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. However, judges usually sentence defendants without a criminal record more leniently, potentially producing reduced penalties. I assume you mean that this was your first criminal offense of any kind (as opposed to it being the first offense for assault). First degree charges are the most serious of the three. Assault and Battery. Similarly, a battery charge is also a crime and both of these can carry prison sentences. Punishments for assault and battery convictions can vary depending on past criminal records or first-time offenses. It doesn't require actual contact, but the person threatened has to believe it is a credible threat. Contact a qualified criminal lawyer to make sure your rights are protected. An assault and battery against a pregnant woman by a perpetrator with knowledge of the pregnancy is a misdemeanor offense punishable by up to a year in jail for the first conviction. Technically, assault means that you have intended to place someone else in a fearful situation. The crime of battery usually involves intentional and unwanted physical contact, even if the intent wasn't to actually cause harm. This is why you want the right lawyer by your side. This is your life on the line and you want someone who is not afraid to take on the fight! In many states, assault and battery are two separate crimes. Microsoft Edge. 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. Battery: Penalties and Punishment A basic battery allegation is usually classified as a misdemeanor. 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