The normal assault and battery charge does not require any specific level of injury. In fact, you can still be convicted if there is no injury. If a significant injury is caused, the charges will be more serious.
Assault and battery causing serious bodily injury is a felony assault charge that includes a more significant penalty. Serious bodily injury includes permanent disfigurement, loss or impairment of a bodily function, limb, organ, or has substantial risk of death. To qualify for the charge of assault and battery causing serious bodily injury, the injury inflicted must be substantial.
Does an Alleged Victim Need to Be Injured for Assault Charges to Be Made?
No. An alleged victim does not need to be injured on an assault and/or battery charge. For an assault, there would be no contact at all and therefore no injury. For battery, any unwanted touching, regardless of whether there is any injury involved, would constitute a battery.
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