Though not commonly known, assault and battery are two separate charges. Assault refers to causing fear through a realistic threat of harm while battery is physically touching a person without their permission. Both charges by themselves are misdemeanors. However, when enhanced with other charges, assault and battery charges can quickly escalate to a felonious level.
Battery Misdemeanor vs Felony
It doesn’t take an injury to be charged with battery. Any type of battery that doesn’t cause serious injury is typically considered as a misdemeanor and bond can be posted quickly and usually without arraignment. However, felony battery charges can be applied when the victim is a peace officer or when harm or injury is caused. These cases are considered will follow a similar process to that of felony weapons or DUI charge. While many times the defendant is allowed to bond out on the arrest charge, it’s not always recommended. This is because for many felonious charges, the judge may decide to decrease the charge or the bond and the party will have overpaid with no chance of a refund. The judge can also increase the bond and charge, leaving the defendant to pay the difference which can cause multiple problems and hang-ups within the system.
In many states, domestic battery is applied when the victim is from the same home or has an intimate relationship with the accused. For the most part, these charges work the same as typical battery charges, but they are also different in a few important areas. Domestic battery defendants are not allowed to bond out of jail before seeing the judge. This means that they must stay incarcerated until the bond hearing. The average base amount for domestic battery charges is $1500 but can vary according to the severity of the crime, injuries incurred by the victim, and the defendant’s prior criminal charges. The judge may also decide to add certain bond conditions to these charges that can include guidelines of contact, employment, and more. These conditions are no tolerance and should be taken very seriously by the defendant.
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