Assault: Threat of harm that causes the victim to fear imminent harm

  • Does not include physical contact

There are different charges that can be made:

  • Simple Assault: 2nd degree misdemeanor; can have a sentencing of imprisonment up to 60 days and a fine no greater than $500

  • Aggravated Assault: 3rd degree felony; can have a sentencing of imprisonment up to 5 years and a fine up to $5,000

Battery: Any act of touching or striking of another person without consent; intentional cause of bodily harm to someone

There are different charges that can be made:

  • Simple Battery: 1st degree misdemeanor can request that time be served up to one year and fine that may not be greater than $1,000. Injury is NOT required for this charge.

  • Felony Battery: 3rd degree felony, can be sentenced to imprisonment up to 5 years and a fine amount up to $5,000

  • Aggravated Batter: 2nd degree felony, imprisonment lasting up to 15 years and a fine amount up to $10,000

Defenses that may be used include:

  • Accident

  • Lack of Intent

  • Consent given for physical contact

  • Self Defense

  • Defense of another being

  • Defense against harm to property