Assault and battery are two different crimes. An assault is an intentional, unlawful threat by word or act to do harm to someone. An assault is punishable as a 2nd degree misdemeanor by up to 60 days jail and/or a $500 fine.

A battery is different from an assault in that a battery requires an actual and intentional touching or striking of another person against their will or by doing an act which results in bodily harm to them. A battery is more serious than an assault because it is a misdemeanor of the 1st degree punishable by up to 1 year in jail and/or a $1,000 fine.

While simple assault and battery are only misdemeanors, it is very important to assess the need for an attorney in these cases because crimes of violence are looked on unfavorably by employers, the military, educational institutions and other government and business organizations. They also impact security clearances and you may be sued in civil court for commission of a battery.  It should also be noted that an assault or battery upon a law enforcement officer, firefighter, other specified public employees and persons over the age of 65 are felonies.

Before deciding what steps to take when accused of assault or battery, speak with an experienced defense attorney who can point out possible defenses and discuss the options in your case.