No one can tell what the judge will recommend or the jury will find. A crime such as this is a serious felony and will almost certainly draw more than a year in prison.
Assault Attempt To Inflict Serious Injury
According to the California Penal Code 240 "An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another." Battery would be the act of inflicting injury, no matter how slight, which is why "Assault and Battery" often go together, but are techinically they are separate crimes. Attempting to use unlawful force to inflict injury, for instance attempting to punch someone, would be assault. Actually punching someone is battery. Simple assault would be an unlawful, but generally a less serious, attempt to injure another person e.g. shoving, throwing objects, punching etc. Aggravated assault usually involves an intent to cause serious bodily injury or death, often indicated by use of a weapon, or a great deal of force.
Assault and Battery on a Police Officer is a serious criminal offense. There is a common misconception about Assault, and I'll explain this here. Assault is not the unlawful touching of another person, that is Battery. Assault is to provoke fear in someone that you may batter them (hit them). If you've been charged with Assault & Battery on a Police officer, it would be suggest that you seek legal counsel to protect your rights.
Breach of the peace carries a sentence of up to 6 months imprisonment and/or a fine, while assault carries varied sentences depending on the severity, ranging from fines to several years of imprisonment.
The time in jail for assault and battery can vary significantly based on the jurisdiction, the severity of the offense, and any prior criminal history. Misdemeanor assault and battery may result in a few months to a year in jail, while felony charges can lead to several years, potentially up to 10 years or more. Additionally, factors such as the presence of aggravating circumstances or whether the victim sustained serious injuries can influence the length of the sentence. Always consult local laws for specific penalties.
it is considered assault..and you can go to jail for it. i did. got off with 5 years probation... serious stuff.
In California, aggravated assault on a pregnant woman can lead to severe penalties. Depending on the circumstances, it may be charged as a felony, resulting in a sentence of 2 to 4 years in state prison, or even longer if serious bodily injury occurs. Additionally, if the assault leads to the loss of the pregnancy, charges could escalate to more serious crimes, such as murder or manslaughter. The exact sentence can vary based on prior criminal history and specific case details.
Simple is when you only beat them up a little bit like a slap or two or grabbing their shirt. Aggravated is when the person clearly wanted to really hurt them and are much more aggressive and violent like a savage beating
To mar, which is another way of saying to inflict serious harm on.
In most jurisdictions I am aware of "Simple" Assault (meaning assault with nothing but your hands or fists) is a misdemeanor. It can be charged as a more serious crime depending upon the seriousness of the injuries inflicted on the victim.
Felony battery is a crime involving the intentional and unlawful striking of another person that results in serious bodily injury or involves the use of a deadly weapon. It is typically considered a more serious offense than simple battery, as it can result in harsher penalties, including imprisonment. The specific definition and punishment for felony battery can vary by jurisdiction.
Maximum SentenceThe maximum is 10 years in prison and/or a fine of up to $2500. If the victim is a police or parole officer conducting their duties, it is 10 years in prison and/or a fine of up to $5000.