Is A Simple Battery Charge A Felony?

What makes battery a felony?

Felony assault or battery (also referred to in some states as aggravated assault or battery) involves circumstances that make the crime more serious, as when the victim is threatened with or experiences significant violence amounting to substantially more than a minor slap across the face or a punch in the jaw..

Which is worse battery or assault?

What is the difference between assault and battery? Battery is a form of assault. Of the different types, it is generally considered the least serious and offences receive relatively low-level sentences. The more serious forms of assault are common assault, ABH and GBH.

Can you press charges if you hit first?

However; if someone hits you first and you respond by jumping on top of them and beating them to a bloody pulp with your fists, or picking up an object and hitting them with it, then you can be charged with assault.

How do you get a battery charge?

Battery is any unlawful offensive physical contact with another person, with or without his or her consent….Basic Elements of BatteryThe defendant had offensive physical contact with the victim.The defendant is aware that their actions will result in offensive touching.There was no consent from the victim.

Is a battery charge a felony?

Battery is a specific common law misdemeanor, although the term is used more generally to refer to any unlawful offensive physical contact with another person, and may be a misdemeanor or a felony, depending on the circumstances.

Is assault and battery considered a felony?

Misdemeanor and Felony Offenses Assault and battery crimes can be charged as a misdemeanor or felony. … If, however, battery does not use a weapon but results in serious bodily harm, the offense is considered a Class C felony.

What is the difference between assault and felony assault?

Simple assault is a misdemeanor punishable by up to six months in jail and fines. … Assault with the intent to commit a felony is a felony and punishable by state prison and fines.

Can a battery charge be dropped?

The charges can be dropped only if the Prosecutor agrees to dismissing the charges. … A plea and abeyance can result in, if your attorney is good, similar results as if the charges against you for aggravated battery were dropped.

How serious is battery charge?

Battery is a misdemeanor that carries a maximum sentence of up to 6 months in county jail and a fine of up to $2000.00. But if a California battery does in fact result in a serious injury, then you may be charged instead with the separate but related crime of battery causing serious bodily injury, Penal Code 243(d) PC.

What happens when charged with battery?

If it is charged as a felony, the defendant can be sentenced to state prison for 16 months, two years, or three years. Under California Penal Code Section 243(b), when battery is committed against a peace officer, firefighter, or emergency personnel, the defendant can be sentenced to county jail for up to one year.

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. The statute is kind of a pain, so if you have any other criminal convictions, it may complicate the process or prevent you from getting the matter expunged.

What is the charge for battery?

Battery is a type of criminal charge that involves the unauthorized application of force against another person’s body, which results in offensive touching or actual physical injury. In most instances, battery will result in misdemeanor criminal charges.

What needed to press charges?

In order to press criminal charges against someone, you would need reliable and admissible evidence to support your case. According to experienced criminal lawyers, many people tend to underestimate the significance of collecting and preserving evidence and therefore fail in their attempts to press charges.

How do you prove a battery?

The requisite intention for battery is simply this: the defendant must have intended the consequence of the contact with the plaintiff. The defendant need not know the contact is unlawful. He or she need not intend to cause harm or damage as a result of the contact.

How do you prove assault?

In order for you to be found guilty of the charge of Assault, the Crown must prove the following elements:You applied force to someone;They did not consent to having the force applied to them; and.The force was applied on purpose.