The most likely scenario is when someone gets jail time as a first offender, for a battery, or an assault charge. The punishment for battery varies depending on the facts of the case, whether or not it was an incident of domestic violence, and what the offender's criminal history is. A battery is a harmful or offensive touching of another person. It all comes down to the seriousness of the injury due to the violent offense. Assault and Battery. Let us show you what we can do! It is highly unlikely if you have no prior offenses. Given the large differences in how the penalities are set up in Texas, you need a lawyer who has experience in criminal justice. The status of the victim is a protected class; Assaults with a machine gun are punishable by four, eight, or twelve years in prison; and. Similarly, a battery charge is also a crime and both of these can carry prison sentences. Having the right legal by your side can mean the difference between freedom and a life behind bars. An assault and battery against a pregnant woman by a perpetrator with knowledge of the pregnancy is a misdemeanor offense punishable by up to a year in jail for the first conviction. It is indeed frightening if you are charged with assault and battery for the first time in your life. Therefore, every criminal battery charge includes the attempt or assault. Punishments for assault and battery convictions can vary depending on past criminal records or first-time offenses. Sentencing agreements with no jail time Each offense includes a sentence requirement set by state law, as follows: Simple assault - second degree misdemeanor, which can result in a sentence of imprisonment for up to sixty days and a fine that cannot exceed $500. It is indeed frightening if you are charged with assault and battery for the first time in your life. There is no denying how frightening it can be to be. It could be a felony or a misdemeanor. You state that this was a "first-time offense of assualt and battery". If you face such charges, the smart thing to do is consult a lawyer, who has sound knowledge and experience of such cases. Attorney & Mediator, Lawyer. The first and most important thing to do is to hire the right lawyer. In many states, assault and battery are two separate crimes. The most likely scenario is when someone gets jail time as a first offender, for a battery, or an assault charge. This would mean a monetary fine and possible jail time up to 180 days. The first and most important thing to do is to hire the right lawyer. Similarly, the states divide assault into misdemeanors and felonies. The penalties for battery range from misdemeanor charges with less than 30 days in jail to substantial prison terms that include life in prison. There IS a first offense assault charge under the DOMESTIC assault and battery law 18.2-57.2. The punishment for battery varies depending on the facts of the case, whether or not it was an incident of domestic violence, and what the offender's criminal history is. Battery punishments and penalties do not usually exceed $2,000, and first-time battery offenses can qualify for probation. Assault and battery often bring up images of the typical fight or brawl, but the terms are actually two separate legal concepts with distinct elements. 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. If you do not have good legal representation, you could end up in jail for up to ten years on the positive side of things, or twenty years to life in prison. Sentencing varies depending on the state statutes, the facts of a given case, and a number of other factors. 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