Most people think that assault and battery is one crime, but it is actually two different crimes. One can be assaulted without having been battered and visa versa.
Assault is the act of making a person believe he is in immediate danger of being battered with perceived ability to do so. Physical contact is not needed to be considered assault, and in some cases verbal threats are enough to bring a charge if the intent to harm is clear and present.
Battery is the act of unlawful or unwanted touching of another person. A battery does not have to hurt or be painful, the mere unwanted touching could be an battery. Normally, a person is charged with assault and battery because the victim knew he was about to be battered.
Assault and Battery sentences vary and are directly related to the type of person the act was committed against. Against an average citizen, it is typically a class one misdemeanor which carries up to 12 months in jail and a $2,500.00 fine. Depending on the severity of damaged inflicted, the charges could escalate to a felony.
Actions directed towards school officials, while still a misdemeanor, may incur mandatory jail time.
If you intentionally select and commit an assault and battery against a protected class because of their race, religion, color or national origin then you may be charged with a felony. Also, if you commit an assault and battery against a law enforcement officer you could be charged with a felony.
The physical and legal consequences of these charges can be serious, so if you have been charged with Assault and Battery of any kind you need to hire an experienced attorney to give you a complete understanding of charges and to represent your best interests to the Court.