When is Assault and Battery considered a Misdemeanor or Felony?

By on Jun 15, 2016 in Criminal Defense, Domestic Violence | 0 comments

Assault is defined as a deliberate act that puts another person in fear of physical harm he or she is about to suffer. Whether actual physically harm was inflicted, the mere fact that the other person was made to fear its possibility is already an act deserving of punishment. Assault, however, is actually nothing more than a threat; infliction of physical harm on another is already referred to as battery. Assault and battery were treated as separate crimes in the past, with battery referring to “completed” assault. Under modern laws, however, distinguishing between the two crimes is no longer made, so that the term assault alone may already be used to refer to crimes which involve actual physical violence. A person, however, can be convicted of assault without battery. This is the case when someone raises his or her fist in a threatening manner without actually throwing a punch;...