Question: How Serious Is An Assault Charge?

How long do you stay in jail for simple assault?

Simple assault is a misdemeanor punishable by six months to one year in jail, depending on the specific provisions of each state’s sentencing statute or sentencing guidelines..

Can you go to jail for first time assault?

A person who is convicted of simple assault faces the following possible penalties: up to six months in jail. a fine up to $1000 (or $2000 if the assault is committed against a parking officer — someone who issues parking tickets), and. probation up to six months.

What are the three types of assault?

The crimes of assault, assault and battery, and aggravated assault carry different definitions and punishments. The crimes of assault, assault and battery, and aggravated assault all involve intentional harm inflicted on one person by another.

Is Assault worse than battery?

The main difference between a battery charge and an assault charge is the actual presence of harm and the threat of harm. Someone can only be charged with battery if they have caused real physical harm to someone, while a person can be charged with assault if the mere threat of harm is present.

Can an assault charge be dropped?

The crimes are filed through governmental criminal cases. … Because these cases are filed by the government, there is no way to drop the charges. Victims of assault do not have any recourse once charges have been filed and a trial has been initiated unless they decide to assist the opposing counsel.

What is typical bail for assault?

Assault charges may be either felony or misdemeanor. Bail amounts for assault range from $10,000 to $1,000,000 for assault with an attempt to rape or burglarize. … Assault with a rifle or handgun is a $50,000 to $100,000 bail. Battery against a police officer is $2,500 bail to $100,000 bail.

How many years can you get for an assault charge?

Most state criminal codes make assault a misdemeanor punishable by fines and up to one year in the county jail. Cases involving threats of death or serious bodily harm are charged as “aggravated assault.” The crime of aggravated assault is a felony, usually punishable by fines and a maximum of 10 to 20 years in prison.

How long do you stay in jail for battery?

6 monthsBattery 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 if you get an assault charge?

You will most likely be arrested and processed when you are charged with assault. You will then be given a bail hearing, during which a judge will determine if you should be granted bail and how much your bond should be.

Do assault charges stay on your record?

Unless it is a repeat offense (multiple times) or you already have a long criminal record, conviction for a simple assault will most probably be a two year sentence with probation. … Once convicted, it will remain on record for all your life unless you attend the diversion programs like these.

What is a typical sentence for assault?

Penalties for an Assault Charge For instance, federal law divides assault into a felony punishable by 10 years imprisonment and a misdemeanor punishable by one year imprisonment. Similarly, the states divide assault into misdemeanors and felonies. A misdemeanor carries a potential jail term of less than one year.

Can a battery charge be dropped?

The charges can be dropped only if the Prosecutor agrees to dismissing the charges. Prosecutor’s seldom drop charges, however, with an attorney your charges can be reduced and you could even negotiate a plea and abeyance which is the most likely scenario.