Some Info About 3rd Degree Assault And Battery

Assault and battery 3rd degree

                     3rd degree assault and battery

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.

Aggravated battery

       Punishments for 3rd degree assault and battery

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.

Kansas Laws On Assault And Battery

Assault and battery 3rd Degree

                    Charges of assault and battery

There are different penalties for different crimes. This is taking into the situation and the impact of the crime. In every case, the judgment is passed by a court that bases its decisions on accepted procedures and codes. Assault and battery 3rd degree have penalties that vary depending on the victim’s injuries and the severity of the attack. While capital punishments are rare, it is not totally unheard of. The criminal codes differ in different states. Here, we shall look at the laws in Kansas that deals with the same.

Different crimes and their penalties

Here we shall discuss assault and battery 3rd degree separately

Assault

There are different types of assault and each carries its own form of penalty. An individual could be convicted to more than one type of assault of course. This is when he commits an act of simple assault on one person while aggravated actions may be directed against another.

The difference between the different types of assault is subtle and is left to the judges to ascertain to which category the offence belongs to.

Assault need not be a physical action on another person but a mere threat of one. Penalty for such actions may range from a fine of $500 or a month’s worth of time in jail. Of course, ‘whom’ you assault too plays a role in the final judgment. If it is against a police officer, preventing him from doing his duty, then penalties could be five times the normal amount.

Aggravated Assault involves the use of a deadly weapon. The weapon such as a gun need not be used per se, but need only be brandished to terrorize another person. The punishments could start from a year and extend up to 34 months. Also, the offender may also be placed under probation for a period of time.

Aggravated assault

            Penalties for assault and battery

Battery

While assault is merely threat, battery is actual harm committed against another person. Although at times it may also be viewed as a simple misdemeanor, the chances of being adjudged guilty of battery is much more. The punishments could range from fines of up to $2500 to even a considerable time in prison. If however, the judge takes a lenient view of the situation, he could simply order for a rehabilitation period that would involve some time in therapy.

Assault and battery charges are not easy to escape from. Moreover, they remain a stain on the record of the individual for a lifetime.

Some Info About Third Degree Felonies And Penalties

Assault and battery 3rd degree

Punishments for third degree assault

Of all the felonies, a first degree felony is the most serious. Crimes such as murder and rape come under this category and due to the severity of such crimes an individual convicted under this may even be awarded the capital punishment, prison term being mandatory. For an individual to be charged with second degree felony, he should have assisted or aided in the commission of a crime. Often, they are awarded long jail terms. Misdemeanors are crimes that are comparatively less severe and rarely receive prison time as punishment. Those who abet crimes that are serious but not directly involved in it may face assault and battery 3rd degree charges.

Examples of third degree felony:

Crimes that can be classified as felonies include rape, murder, arson, aggravated assault, grand theft, burglary, espionage, treason, fraud, kidnapping and embezzlement. Third degree felonies include child molestation, elder abuse, arson, assault and battery, driving under the influence of certain contrabands, transmission or production of pornography, drug possession, theft, embezzlement and fraud.

Penalties:

The judicial system determines the punishment to be awarded to an individual convicted of felony. Punishments for assault and battery 3rd degree depend on a variety of factors such as location, severity, etc. For instance, a felony of third degree can be awarded up to seven year in state prison in the state of Pennsylvania. On the other hand, the maximum sentence is only five years in Florida. An individual charged with third degree felony in Texas can be awarded two to 10 years of jail time. Third degree conviction hardly ever results in life imprisonment except when the convicted person is charged with more severe charges that may run concurrently.

Conditions:

Third degree felonies

3rd degree assault and battery

State requirements and the criminal history of the accused also influence the punishment awarded to the defendant. An individual who violates a protective order thrice is once instance when a person is charged with a third degree felony. The third offense for a DUI in Texas also results in a third degree felony. On the other hand, the punishment awarded will not be as harsh if the accused has a clean record as against someone who has a lengthy criminal record.

That was some information regarding third degree felonies and the punishments awarded for the same. Go though online legal resources for information about such felonies. Avail the service of an experienced attorney for arguing against such cases.

Some Information About 3rd Degree Assault

Assault and battery 3rd degree

Penalties awarded for assault

The most common, and yet the least serious, type of assault is the assault and battery 3rd degree. An action can be termed as assault when there is considerable bodily injury and in the instance where the victim is below four years of age, it is termed as felony. Read on to find out more about 3rd degree assault or battery charges and its various aspects.

Types:

The degree assigned to any assault depends on the extent of damage the attacker intended to cause, and the actual damage inflicted. Generally, 3rd degree assault and battery, being the least severe, does not involve the use of any weapon, with the exception of certain cases that involve the accidental discharge of a firearm, resulting in injury.

Features:

In all other cases except the ones where the victim is a small child, a 3rd degree assault is viewed as a misdemeanor, unlike the more serious 1st and 2nd degree assaults, which are charged as felony.

Considerations:

Majority of the individuals charged with a 3rd degree assault go for a self defense claim. The circumstances leading to the assault, and the assailant’s status as an offender, are some of the factors that influence the outcome of the case, and the sentence awarded in the instance where the defendant is convicted.

Penalties:

The penalties and the length of sentence awarded vary from state to state. For instance, the state of Missouri awards considerably short sentences of as small as 15 days to up to a year in jail. This can be with or without a fine, ranging from $500 to $1,000. As compared to this, the state of Minnesota awards longer sentences of up to 5 years of imprisonment, with fines as large as $10,000 for those convicted with assault and battery 3rd degree.

Misdemeanor

Mitigating factors in an assault

Mitigating factors:

Mitigating factors in a trial do not in any way influence the final verdict, but, they can to a certain extent reduce the penalty awarded. When a conviction for 3rd degree assault is reached as a result of a fight by mutual consent, then the court may award a lesser sentence, considering the mutual consent as a mitigating circumstance.

This was some information regarding the various aspects of a 3rd degree assault and battery charge. While fighting such cases, it is always advisable to avail the services of an experienced attorney.

Facts About Third Degree Assault And Battery

Assault and battery 3rd degree, three degrees of assault

Third degree assault charges

Assault and battery is an unlawful offence that can be punishable by a fine or imprisonment of 30 days or more. This assault and battery charge is classified into three degrees. The first degree assault and battery charge is the most severe case, while assault and battery in the third degree includes only case of domestic disputes and minor altercations. The penalty for these cases can range from 6 months to 5 years in jail, depending on the severity of the committed offense. Go through the rest of the article for more details.

More about Assault and battery 3rd degree

A Third degree charge of assault and battery is applicable in cases where one person injures or attempts to inure another person. There are mainly three degrees of assault that can be charged. If you are charged with a second degree assault charge, and if you have a clean criminal history, then you are eligible to avail the benefits from a plea agreement, where your charges will be reduced to third degree assault. This applies for both simple assault and aggravated assault. Simple assault involves bringing physical harm to a person, whereas aggravated assault includes the use of a weapon to do this. There are different laws for each state, dictating the punishment for assault charges. Depending on the severity of the crime committed, the person can be charged with a fine or put in jail, or both. Even though the Assault and battery 3rd degree charge may look like a minor one, the punishment can in some cases be severe.

Assault and battery 3rd degree, three degrees of assault

assault battery Third degree

Necessary Precautions

If you are charged with assault, you should immediately discuss the case with an experienced criminal defense attorney. Once you feel that you are charged for an illegal matter, you can avail the constitutional and statutory rights, and protect yourself from a wrongful Assault and Battery conviction. In matters like these, there are multitudes of lawyers in the country that you can seek assistance from. The support of these lawyers will ensure that your rights are protected at each stage of criminal justice process. If these lawyers appear in court on your behalf, there is a greater chance of getting the best of the possible results in your favor.

This is some information on the third degree assault and battery charges that can be faced. Further information on the same can be availed from online legal resources.