Is punching someone a battery or assault?

Woman punching forward

Assault vs Battery

In the State of Kansas, assault is defined as any intended act or threat that gives a person reasonable cause to feel fear of impending physical harm. This could be the threat from one person to another, when said in an angry or menacing manner, if the implied victim believes or has reasonable belief that they could be possible injured or struck.

Assault is a simple sounding word but is anything but simple. It can do so much damage to people physically and legally. When somebody is arrested for assault, it is usually stated as “assault and battery. What is the connection of assault for battery?

Battery can be defined as one person’s intentional harmful or offensive touching of another person without the consent of the one being touched. Whereas assault is the threat of harm, battery is the act of harm. So, while they are two different things, they typically happen at the same time and are usually charged together. Comparing assault vs battery:

  • Assault is any intentional act by one person that causes another person to fear immediate harm by the accused perpetrator having the ability or means to carry out a threat. Physical contact is not required to be considered assault.
  • Battery is the intentional and offensive contact physically of one person that did give consent for another person to touch them. The simple act of touching one person without their permission, even without force, can be considered battery.

What qualifies as an assault charge?

There are various degrees and types of assault, each having a different possible punishment as determined by a judge and following established lines of possible punishments. Some jurisdictions classify assault and battery cases used for different degrees, with the most severe being first-degree or aggravated assault and battery charges. This consist of extreme bodily harm, frequently a weapon is involved. Other ways to designate someassault examples are:

  • Simple Assault: Injuries sustained by victim were relatively minor and no weapon was used. This is usually processed as a misdemeanor.
  • Aggravated Assault: A weapon was used to threated harm or an assault was committed with intentions to commit a further serious crime like rape. This charge is processed as a felony. Sentencing can be severe if the victim was a child or elderly person.
  • Sexual Assault: This is a catchall term considers it to be any sexual act if the sexual act was without consent on the targeted person. Actions included in this charge include sexual intercourse, sexual touching, or any type penetration with an object. Also included in this charges are if one person was forced to touch or perform a sexual act. This is processed as a felony.
  • Assault with a Deadly Weapon:  This includes any physical assault or act of violence committed with the attempt to use or by using a weapon or an object that can cause serious injury or kill another person. A weapon can be a gun, knife, or any object could cause serious harm or injury. Among things considered as a weapon could be a vehicle, baseball bat, boot, broken window, golf club, rock, screwdriver, stilettos, wrench, boot, or car. Regardless the weapon used, this is processed as a felony.

What happens after an assault charge?

In the State of Kansas, the convicted person for an assault charge is sentenced to pay restitution to the victim for any expenses incurred from the crime. This includes counseling and/or medical treatment.

Can you go to jail for a misdemeanor assault?

Yes, assault jail sentence can be handed down by the judge, who can impose jail time or probation. The defendant could be sentenced to community service, Conservation Camp, house arrest, work release program, and alcohol and drug counseling.

The court can choose to suspend a misdemeanor sentence, which will keep the defendant out of jail but could be required to have supervision for a period of time and required to comply with conditions the court has established.

handcuffs after an attack

How long is jail time for assault?

In the State of Kansas, an aggravated assault and battery charge can be sentenced as follows: 

  • Severity Level 8: Minimum 7 months to maximum 23 months imprisonment, and/or fined up to $100,000
  • Severity Level 7: Minimum 11 months to maximum 34 months imprisonment, and/or fined up to $100,000
  • Severity Level 6: Minimum 17 months to maximum 46 months imprisonment, and/or fined up to $100,000
  • Severity Level 5: Minimum 31 months to maximum 136 months imprisonment, and/or fined up to $300,000
  • Severity Level 4: Minimum 38 months to maximum 172 months imprisonment, and/or fined up to $300,000
  • Severity Level 3: Minimum 55 months to maximum 247 months imprisonment, and/or fined up to $300,000

Use of ballistic resistant material, like a bullet proof vest, while committing an aggravated assault or battery will haves an additional 30 months of imprisonment added to the sentencings listed above.

How do you get assault charges dropped?

A prosecuting lawyer can make the decision to drop assault charges or entirely stop the case. This can only be done, with or without the victim’s contribution, after the prosecutor has considered other evidence found in the case and the intensity of the case.

Assault charges should not be taken lightly regardless how the charges are classified.  Any person arrested on assault charges should seek legal counsel immediately. An experienced defense attorney can guide the accused through the process with the goal of having the charges dropped or getting a lesser sentencing. Call 316-755-5142 today for your bail needs.