Because these two terms often occur together, people often confuse assault and battery. The first is a more serious accusation. Even if it was just an attempted hit, it is considered a violent crime, punishable by a possible prison term of up to one year and a fine of $1,000. Although not as serious, assault is still a crime.
What is it?
According to lawyers, a crime consists of three elements: the threat of illegal or intentional violence against another person; the reasonable ability to carry out the threat at the time it is made; and the fear posed by the threat to the intended victim.
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Penalties & Sentencing
While general assault is only a second-degree crime in many states, a person convicted of the crime can face prison terms and hefty fines. A judge can issue any combination of the following orders: a fine of up to $500, probation of up to 6 months, imprisonment of up to 60 days.
In other words, it is often best to fight charges with the help of a qualified criminal defense attorney.
Looking for a lawyer
Because this is a common allegation, most criminal defense attorneys are experienced in dealing with personal injury cases. In most cases, they will discuss your legal options with you free of charge as part of the initial consultation.