An “assault” is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.
Simple assault is charged as a misdemeanor involving a threat to do violence to another person accompanied by the apparent ability to carry it out which causes the victim to fear that bodily injury may be imminent. A defendant can be charged with this offense without actually carrying out a physical injury.
Battery occurs when one actually and intentionally touches or strikes another person against the will of the other; or intentionally causes bodily harm to another person. It is charged as a misdemeanor unless there is a prior conviction, then it is charged as a felony.
A conviction of assault and/or battery may result in prison time. Whether or not one is convicted will depend on the facts of the case and the evidence presented.
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