What is the difference between misdemeanor and felony battery

Grabbing someone's arm, pushing or punching a person, or striking a victim with an object all are crimes of battery. The crime of assault is defined differently from one state to another. In some states, the act of battery is called an "assault" or "assault and battery. Under this definition, verbal threats are usually not enough to constitute an assault. Some action, such as raising a fist or moving menacingly toward a victim, usually is required. In these states, threatening to hurt someone while walking toward him with a clenched, raised fist would constitute assault.

In states that define assault as placing a victim in fear of violence, the victim's response must not only be genuine but reasonable under the circumstances. The test normally is whether the defendant's actions would cause a reasonable person to be in fear of an immediate physical attack. In other words, the victim's response must be one that you'd expect from any reasonable person in the victim's position.

Simple assault or battery is the least serious form of assault or battery, usually involves minor injury or a limited threat of violence, and is a misdemeanor. Felony assault or battery also referred to in some states as aggravated assault or battery involves circumstances that make the crime more serious, as when the victim is threatened with or experiences significant violence amounting to substantially more than a minor slap across the face or a punch in the jaw.

An assault that is aggravated based on the use of a deadly weapon requires that the offender have used a deadly weapon in the commission of the crime. In some states, assault or battery with a deadly weapon is a separate, distinct crime and not included in the crime of felony assault or battery.

An object is a deadly weapon if it likely can cause death or great bodily harm. A gun and a large knife are, by definition, deadly weapons because they are inherently dangerous and even designed to cause injury.

Other objects, such as rocks, bricks, or even a boot can constitute a deadly weapon if the object is used in a manner likely to cause or threaten serious bodily injury or death.

For in-depth information regarding assault with a deadly weapon, see our article Aggravated Assault With a Deadly Weapon. Felony assault or battery based on physical injury usually requires permanent disfigurement, such as permanent scarring to the face or other body part, or significant physical injury.

In order for a defendant to be convicted of felony assault or battery, the prosecutor or district attorney must prove every aspect of the crime called the "elements" of the crime beyond a reasonable doubt.

Search for:. Contact Us Now. Important Links. Contact Us. Law Firm of John P. Guidry II, P. All rights reserved. Do not even consider pleading guilty to the crime until you have spoken to an attorney from The Law Place. A guilty plea could result in a conviction for the crime, which, in turn, will result in the following:. Having a Sarasota criminal defense attorney from The Law Place by your side ensures your rights will be protected from start to finish.

We will work hard on your behalf, first to seek a dismissal of your charges, or a reduction of the charges. If you are convicted, we will work to negotiate a lesser sentence than you would otherwise face. We want you to experience the very least amount of penalties and consequences as a result of your Felony Battery charges, and we want to be the advocate in your corner. Contact a criminal attorney from The Law Place today by calling