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only things considered weapons, as just about any object could be used
to cause serious harm, including such items as a golf club, a screwdriver
or wrench, a pocket or kitchen knife, a rock, broken window, boot, or
car. Assault with a deadly weapon is a felony, no matter what type of
weapon is used.
Example of Simple Assault
Melonie walks into a bar with her friends for a girls night out, and sees her
boyfriend dancing suggestively with another woman. Enraged, Melonie runs
over, grabs the other woman by the hair, and drags her to the ground,
where they scuffle until Melonies friends pull them apart. The police had
already been called, and when they arrive a few minutes later, Melonie is
arrested for simple assault. The crime Melonie committed is classified as a
simple assault because she used no weapon, and her victim received only
a few bruises and minor scratches. Melonie has committed a misdemeanor.
Example of Aggravated Assault
Sarah walks into a bar with her friends for a girls night out, and sees her
boyfriend dancing suggestively with another woman. Enraged, Sarah runs
over, screaming at her boyfriend, and shoves the woman, who shoves back.
Sarah grabs the womans hair and drags her half way across the room,
where the two start swinging fists at one another, until the bouncer gets
them separated. In her rage, Sarah didnt even notice that the woman is
pregnant, but this means she is in a protected class in most jurisdictions.
When the police arrive, Sarah, who started the fight, is arrested and charged
with aggravated assault. Sarah has committed a felony.
Assault and Battery Punishments
Assault and battery punishments vary greatly, depending on the laws of
the jurisdiction and the circumstances surrounding the crime. Generally,
assault and battery punishments range from fines and community service,
to imprisonment of one year or more. While first time offenders may receive
more leniency, repeat offenders often face stiffer penalties for similar
crimes.
Commonly, felony assault charges result in prison terms of 5 to 25 years.
Misdemeanor assault and battery charges may result in probation, a fine,
community service, or imprisonment in the county jail for up to one year.
Capital punishment
Murder