Is punching someone a battery or assault?

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asked 4 days ago in Law Enforcement/Police by Dorisdbetc (710 points)
Is punching someone a battery or assault?

1 Answer

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answered 4 days ago by 12345ismyssnnumber (1,610 points)
Punching someone intentionally is seen as battery because battery is the intentional touching or force of injuring someone in an angry manner.

if you punch someone intentionally and intended to cause harm then that would be a battery charge.

Assault is also an intent to injure someone as well so you could get assault and battery charges against you for punching someone intentionally.

Most Assault and Battery charges are misdemeanors depending on how bad the assault and battery was to the person.

Domestic Violence is usually not as worse as assault charges.

Most states charge Domestic Violence as a misdemeanor and you may not even serve jail time but then again if you have a criminal record you may get 1 year in jail for the Domestic Violence or at least a few months in jail or prison.

But if it's your first offense of domestic violence then you may not even get arrested if your spouse or girlfriend refuses to press charges.

Even if you do then you will be able to bail out of jail if you have the money to do so or can get a bail bondsmen.

Assault on someone is also charged as a misdemeanor in most places as well but it also depends on how serious the assault was and how your criminal record is.

If it's your first offense on assault then you will likely just get charged with a misdemeanor and may not even serve more than a day in jail.

When you get arrested for domestic violence you'll stay in jail until you can make bail.

If you can bail out of jail then you can bail out the same day within a few hours of being arrested or even a few days later.

But if you have no money to bail out of jail or cannot get a bondsman to bail you out of jail then you stay in jail for the domestic violence until you see a judge.

If you're arrested Friday night for the domestic violence then you would not be able to see a judge until the following Monday.

Then the judge can decide to keep you longer or raise or lower your bail depending on your other criminal history.

Sometimes a judge will raise your bail if they know you're at risk of leaving the state and not coming back for court.

If convicted in court of domestic violence you may get 1 year in jail or community service however the states laws vary and in Florida they have strict laws on how long you stay in jail for domestic violence and Florida usually takes domestic violence pretty seriously.

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