The criminal laws differ from State to State. Generally speaking, the intent of the shooter must be considered. If the intend was to kill, the crime may be attempted murder, either first or second degree (premeditated for first, without premeditation or deliberation for second) If the intent was to scare the person, and the shot was accidental, the charge may be feloneous assault (at least in Michigan), which is punishable by a maximum of 4 years in prison. In your question you state that the shooter was arrested for assault & battery with a firearm, rather than attempted murder, so I would think the penalty would be that designated for feloneous asssault. Depending on the State where it happened, the penalty can be a number of years. I only know about Michigan law.
A person can receive jail time for simple assault and battery in Florida. A person can receive a sentence of 6 months to a year in jail.
In Illinois a person is assaulted when he is put in reasonable apprehension of receiving a battery. A Battery is when someone causes bodily harm or makes physical contact of an insulting or provoking nature. So, if you were to swing at the police officer and miss, you'd be charged with assault. If you made contact, you'd be charged with battery. Assault is a class 4 felony punishable by 1-3 years in prison and/or a $25k fine. Battery is a class 2 felony and is punishable by 3-7 years in prison and/or a $25k fine.
No. Throwing an object an hitting another person is battery. Throwing it and missing them would be considered assault.
What is the sentence for assault and battery in california ?
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.
battery
assault and battery.
with the purpose of causing physical injury to another person
ofensive or attack
No ... It is called battery.
Assault occurs when an individual causes another to reasonably believe they are in imminent danger of being harmed or touched in an offensive manner. Battery is actually causing such harm or offensive touch.
It would be assault and battery.