Battery and Assault

Simple Battery

Requires that the prosecutor prove the following elements:

    1. The Defendant intentionally struck or touched the alleged victim against the will of the alleged victim; and
    2. The Defendant intentionally caused bodily harm to the alleged victim.

Aggravated Battery or Felony Battery

Requires that the prosecutor prove all of the above referenced elements of Simple Battery and in addition to committing the Simple Battery the defendant either:

    1. Knowingly and intentionally caused permanent disfigurement, permanent disability or great bodily harm to the alleged victim; or
    2. Used a deadly weapon, which is a weapon that was used or threatened to be used in a manner likely to cause great bodily harm or death.

Simple Assault

Requires that the prosecutor proves the following elements beyond all reasonable doubt:

  1. Defendant unlawfully and intentionally threatened by act or word to do violence to the alleged victim;
  2. At that moment, the defendant appeared to have the ability to carry out the threat; and
  3. The actions of the defendant created in the mind of the alleged victim a well-founded fear that the violence was about to take place.

Aggravated Assault

Requires that the prosecutor prove all of the elements of Simple Assault and that in addition:

  1. The assault was made with a deadly weapon, which is a weapon that is threatened to be used in a manner likely to cause great bodily harm or death; or
  2. The assault was made with a fully-formed, conscious intent to commit the crime upon the alleged victim.

The above allegations are very serious charges that constitute heavy punishments if found guilty.  These matters must be handled with due care.  If you need assistance dealing with these matters or related criminal issues please contact our office today so that we can help protect your legal rights.