Is punching someone assault and battery? How are they related? 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 a reasonable belief that they could be possibly injured or struck.
Assault is a simple-sounding word, but it 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 between assault and 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:
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 consists of extreme bodily harm; frequently, a weapon is involved. Other ways to designate some assault examples are:
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.
Yes, assault jail sentences can be handed down by the judge, who can impose jail time or probation. The defendant could also be sentenced to community service, Conservation Camp, house arrest, a work release program, or alcohol and drug counseling.
The court can choose to suspend a misdemeanor sentence, which will keep the defendant out of jail but could require supervision for a period of time and compliance with conditions the court has established.
In the State of Kansas, an aggravated assault and battery charge can be sentenced as follows:
Use of ballistic resistant material, like a bulletproof vest, while committing an aggravated assault or battery will have an additional 30 months of imprisonment added to the sentences listed above.
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 bond needs.
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