An individual may be accused with charges of assault for simply threatening to physically harm another individual. If you are found guilty of the charges filed against you, then you may be awarded a fine up to $500 in addition to up to 60 days in jail. An action can be termed as aggravated assault if the threat was made using a deadly weapon. Aggravated assault charges are regarded as 3rd degree felonies and punishments for these charges can include $5000 fine in addition to up to 5 years in prison.
Battery is different from assault in the sense that it should involve real physical contact and not just a threat to cause harm. If you have a history of previous battery charge, then the charge may rise to the level of a 3rd degree felony, which may be given a sentence of up to 5 years in prison. If the action involved a deadly weapon, if you caused significant physical injuries, if the action resulted in permanent disfigurement, if the victim was pregnant, etc., then the action may be termed as aggravated battery.
An individual may be charged with assault and battery 3rd degree if he injures another or attempts to injure another. An assault can be mainly charged under three degrees. If an individual who has a clean criminal history is charged with second-degree assault, then he is entitled to avail the advantages of a plea agreement wherein the charges will be lessened to the level of third degree assault. This is applicable in the case of both simple assault as well as aggravated assault.
Inflicting physical harm to a person can be termed as simple assault whereas using a weapon to do the same will come under aggravated assault. The punishments awarded for assault charges vary from state to state, depending on the severity of the crime committed. The person may be imprisoned or fined and in certain cases, awarded both fine as well as jail time. Charges for assault and battery 3rd degree may seem like a minor issue, but in some cases, the punishment can be severe.
That was some information about assault and battery. For more information on the same, refer the law section in your local library. For advice on how to deal with charges of assault and battery, consult an experienced attorney.Google+