Quick Answer: What Is The Difference Between Simple Battery And Battery?

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..

How long does simple battery stay on your record?

It stays on your record forever unless you take action to remove it. You must have at least three years from the date of conviction as a bare minimum to qualify. The statute is kind of a pain, so if you have any other criminal convictions, it may complicate the process or prevent you from getting the matter expunged.

What happens if you get charged with battery?

If a battery results in serious bodily injury, it can also be charged as a misdemeanor or a felony under California Penal Code Section 243(d). If charged as a misdemeanor, it can carry up to one year in county jail. If charged as a felony, it can carry a prison sentence of two, three, or four years.

Is beating someone up a crime?

An assault is the act of inflicting physical harm or unwanted physical contact upon a person or, in some specific legal definitions, a threat or attempt to commit such an action. It is both a crime and a tort and, therefore, may result in criminal prosecution, civil liability, or both.

What is the difference between battery and domestic battery?

The main difference between battery and domestic battery is the relationship between the people involved. If you allegedly hit a stranger or someone who’s never lived with you, you’d be charged with battery.

What is considered simple battery?

Simple battery occurs when a person unlawfully touches another person with force or violence. The touching that occurs and is considered “simple battery,” does not have to actually cause any harm or injury.

How serious is a battery charge?

Legal Representation Aggravated battery is a very serious felony charge; conviction of this crime can seriously affect your life. You could face a lengthy prison sentence and the stigma of being a convicted felon. Convicted felons cannot vote or possess firearms and often have difficulty finding employment.

Can you go to jail for simple battery?

Generally, simple battery will be a criminal misdemeanor charge. … Simple battery as a misdemeanor crime will usually result in small criminal fines, and/or a maximum jail sentence of one year.

What is battery in law example?

(a) Battery is: (1) Knowingly or recklessly causing bodily harm to another person; or. (2) knowingly causing physical contact with another person when done in a rude, insulting or angry manner.

Which is worse battery or assault?

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.

What is the sentence for simple battery?

OffenseClassificationPenalty for ConvictionSimple Battery Between Family Members*High and Aggravated MisdemeanorUp to 12 months jail time and/or a fine of up to $5,0008 more rows

Is battery a serious Offence?

Battery is a form of assault. Of the different types, it is generally considered the least serious and offences receive relatively low-level sentences. The more serious forms of assault are common assault, ABH and GBH.