Question: Can You Go To Jail For Simple Battery?

What is considered simple battery?

Simple battery occurs when a person unlawfully touches another person with force or violence.

The touching that occurs and is considered “simple battery,” does not have to actually cause any harm or injury..

Is verbal assault illegal?

Verbal assault is a commonly heard but very misunderstood phrase. In New South Wales you can be convicted of common assault even if no physical contact takes place. There are also a number of other Acts of Parliament which create offences for what is often called a verbal assault.

Is simple battery considered a violent crime?

Simple assault is defined as a verbal or physical threat of violence by an individual capable of carrying the act out which creates a reasonable amount of fear in which an act of violence is not committed. Simple battery is when the act of violence is carried out and physical harm is inflicted upon a person by another.

Can simple battery charges be dropped?

You may be wondering whether you, the victim, have the authority to drop domestic violence charges. The answer is no. Once the prosecutor’s office has issued a domestic violence charge, the victim has no authority to drop the charges.

How much is bail for simple battery?

Simple Assault and Battery Bail Amount Assault and Battery bail costs vary as they are generally determined by the severity of the action, prior record, and who the assault was against. For example, assault or battery against a family member or other member of your household is usually between $2,500 and $5,000.

How serious is a battery charge?

Legal Representation. Aggravated battery is a very serious felony charge; conviction of this crime can seriously affect your life. You could face a lengthy prison sentence and the stigma of being a convicted felon. Convicted felons cannot vote or possess firearms and often have difficulty finding employment.

Can you fight an assault charge?

Defendants charged with simple assault have the usual defenses available to all criminal defendants, starting with “You’ve got the wrong person, it wasn’t me.” In addition, a defendant can claim self defense or defense of others and present evidence that the alleged victim initiated the confrontation and that the …

How long can you stay in jail for assault?

Aggravated assault is an indictable offence containing a maximum penalty of 14 years in prison if convicted. Assault causing bodily harm and assault using a weapon or threatening to use a weapon are other rather serious forms of assault.

How long would you be in jail for battery?

General Battery If charged as a misdemeanor, the defendant can be sentenced to county jail for up to one year. If it is charged as a felony, the defendant can be sentenced to state prison for 16 months, two years, or three years.

Is an unwanted kiss battery?

To begin with, an uninvited kiss from a stranger can be considered an intentional physical contact that is offensive to a reasonable sense of dignity—in other words, a battery. … If you feel that you have been subjected to assault and/or battery yourself, please call the police or contact your attorney immediately.

How do most domestic violence cases end?

Most domestic violence cases are resolved without going to trial. … By this time the defendant or his/her attorney will have had a conference with the prosecutor and reviewed all the evidence that the prosecutor will use in court to prove that the defendant committed a violent act against you.

What is the sentence for simple battery?

Simple battery as a misdemeanor crime will usually result in small criminal fines, and/or a maximum jail sentence of one year. Additionally, misdemeanors may be eligible for expungement from a criminal record after some time, given that the defendant has fulfilled their sentencing terms.

What is a simple battery warrant?

over simple battery. Louisiana law defines simple battery as “battery committed without the consent of the victim.” That crime, upon conviction, calls for as many as six months in prison and a maximum fine of $1,000. … It also is expungeable for first-time offenders.

Is beating someone up a crime?

Felony Assault & Battery Laws and Penalties. The crime of battery is the intentional touching of another in an angry manner, or the intentional use of force or violence against another. Grabbing someone’s arm, pushing or punching a person or striking a victim with an object all are crimes of battery.

Which is worse battery or assault?

The main difference between a battery charge and an assault charge is the actual presence of harm and the threat of harm. Someone can only be charged with battery if they have caused real physical harm to someone, while a person can be charged with assault if the mere threat of harm is present.

How do you convince a prosecutor to drop charges?

Though challenging, you can persuade a prosecutor to dismiss criminal charges for several reasons. The primary reasons are weak evidence, illegally obtained evidence, and procedural and administrative errors. Know, however, that a prosecutor may dismiss or drop a case and then refile it.

Will I go to jail for first time assault?

Assault and battery is a serious criminal charge that results in hefty fines and possible jail sentences, depending on the severity of the assault. … Punishments will include a monetary fine, jail time, or both. If you’re a first-time offender, a more lenient sentence is likely.

How long does a simple battery charge stay on your record?

It stays on your record forever unless you take action to remove it. You must have at least three years from the date of conviction as a bare minimum to qualify.