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Assault and Battery

Assault is the intentional attempt or threat to physically injure another person. The person making the assault must be capable of carrying out the threat, and the victim must be aware of and in fear of the threat or injury. A high school student who raises his fist and screams at his teacher has committed an assault. The driver who threatens to hurt another driver has also committed an assault. Simple assaults are usually misdemeanors.

Battery is the intentional striking or contact of another person, or other physical violence directed by the accused to the victim or victims, with intent to do physical harm. Sometimes just physically touching or contacting a person in an effort to provoke them can be considered a battery. Simple battery is usually a misdemeanor, although circumstances can easily elevate it to a felony charge.

Assault and battery is a combination of the two crimes into one charge.

Aggravated assault is a separate crime where the victim is seriously injured or a deadly weapon is exhibited during the commission of the assault. Depending on the circumstances, it can be charged as a misdemeanor or felony.

Aggravated battery is where great bodily harm or disability to an individual is committed through a battery or a deadly weapon is used. Aggravated battery is always a felony.