Assault/Battery


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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