Is a assault and battery case a criminal case or Civil case?
923559
Assault and Battery is a criminal case.  The person that got injured may have taken that person to civil court to sue for doctor's bills, pain and suffering, etc.
649158
People People People...we need more information to give a legitimate answer to this question.  Are you talking about criminal matter or civil matters?  If criminal, it's possible...the two prosecutors and the defense atty can work something out, but they do NOT have to do this.  It's completely up to the prosecutors.  If it's a civil matter, it depends on if the two counties are in the same state.  If they are, it is possible.  If they are not, then it is still possible, but not as easy.  It also depends on who the other parties of the case are.  Not all parties can be joined in a case.  This is not an easy question to answer without delving into civil procedure, venue, etc.
557418
The jury requirement only applies to the defendant, and I'm pretty sure it also only applies to criminal cases, not civil ones.
381266
In most states, it does not matter.\n\nFor example, in Georgia an Armed Robbery is a robbery committed with an offensive weapon, any replica of an offensive weapon, or a device having the appearance of any such weapon. It is actually possible to be convicted of armed robbery if you did not have a weapon. For example, if you put your hand in your pocket and cause someone to believe you have a gun, you could be convicted of Armed Robbery. \n\nTherefore, the fact that you had a real gun, whether it worked or not, would allow you to be convicted of armed robbery.
927611
Battery, Assault and Battery, Aggravated Battery?  There's a lot of descriptions for that.
709219
There is a different burden of proof in a civil court.\n\nFor criminal court one must be found guilty "beyond a reasonable doubt".\n\nIn civil court you only have to be judged guilty based on a "preponderance of the evidence."
1054295
What type of judgment?  Civil or criminal?  If it is civil, nothing.  You just get a civil judgment and you have to pay the money.  Criminal, you might get locked up.
441432
That depends on what the one prior conviction was for. Assault with and deadly weapon, 245(a)(1) PC, is a potential felony for you. The sentence will really depend on if you caused any injury to the person and, if none, what the potential injury could have been. \n\nYour prior conviction could come into play if it was an assault or other type of violent crime. Ultimately, the judge will decide what you will get. No one here on this board can tell you.
1183998
None of the above are really correct.  There are three big differences between civil and criminal trials.  First of all, a criminal case is brought by the government, whereas a civil case can be brought by the government or a private person.  Second, the burden of proof is much higher in a criminal case: beyond a reasonable doubt, whereas the burden in a civil case is only proof by a majority of the evidence.  Third, a civil case can have a smaller jury and the jury can decide by a majority vote, whereas in a criminal trial the jury is of 12 people and has to be unanimous.  In short, the two kinds of trial have very different procedures and parties and so they can't be mixed.
8809
"Simple assault" is defined under the Model Penal Code: "A person is guilty of assault if he: (a) attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or (b) negligently causes bodily injury to another with a deadly weapon; or (c) attempts by physical menace to put another in fear of imminent serious bodily injury."\n\nI'm unfamiliar with the term "criminal restraint."  Perhaps it refers to the form of assault committed, that the defendant used bodily assaultive force to restrain an individual?  Your question is unclear.\n\nRegardless, the offense of simply assault usually requires a court appearance, since it is usually an offense greater than a mere payable misdemeanor.  The defendant would have to contact the court in the jurisdiction where the incident took place for specific information.
582601
the DA decides whether or not there is enough evidence to prosecute.\nEveryone has the right to be tried by a jury, that would be up to the offender to decide. \nThe outcome of a civil suit is usually decided by the judge. and criminal cases by jury.\nI guess i would say #4 is the answer. \nThe jury weighs evedence in a case to determine if an offender is innocent or guilty.
811580
The only way to get this taken care of without going to court is for the pizza guy to drop the charges.  Even if he drops the charges this will only keep you from having a criminal record for assault.\nYou will still have an arrest record.  To get the arrest record taken off you would have to get a lawyer and get the arrest expunged.   Note:  Assault can be committed by just telling someone that you are going to beat them senseless.  You do not even have to touch the other person.  If you make a verbal threat to inflict physical harm on someone that alone is assault.  When you physically touch them it becomes battery.
346924
Was it a related charge?  ie 1st degree murder to 2nd degree murder?  Then there's no material change in the charges and it can proceed.  If they went from shoplifting to assault and battery though they'd have to give time to prepare a defense to that since that was not the orginial charge.
1161270
§ 720 ILCS 5/12-1.  Assault \n\n\n   Sec. 12-1. Assault. (a) A person commits an assault when, without lawful authority, he engages in conduct which places another in reasonable apprehension of receiving a battery.\n\n(b) Sentence. Assault is a Class C misdemeanor.\n\n(c) In addition to any other sentence that may be imposed, a court shall order any person convicted of assault to perform community service for not less than 30 and not more than 120 hours, if community service is available in the jurisdiction and is funded and approved by the county board of the county where the offense was committed. In addition, whenever any person is placed on supervision for an alleged offense under this Section, the supervision shall be conditioned upon the performance of the community service.\n\n§ 720 ILCS 5/12-2.  Aggravated assault \n\n\n   Sec. 12-2. Aggravated assault. (a) A person commits an aggravated assault, when, in committing an assault, he:\n\n(1) Uses a deadly weapon or any device manufactured and designed to be substantially similar in appearance to a firearm, other than by discharging a firearm in the direction of another person, a peace officer, a person summoned or directed by a peace officer, a correctional officer or a fireman or in the direction of a vehicle occupied by another person, a peace officer, a person summoned or directed by a peace officer, a correctional officer or a fireman while the officer or fireman is engaged in the execution of any of his official duties, or to prevent the officer or fireman from performing his official duties, or in retaliation for the officer or fireman performing his official duties;\n\n(2) Is hooded, robed or masked in such manner as to conceal his identity or any device manufactured and designed to be substantially similar in appearance to a firearm;\n\n(3) Knows the individual assaulted to be a teacher or other person employed in any school and such teacher or other employee is upon the grounds of a school or grounds adjacent thereto, or is in any part of a building used for school purposes;\n\n(4) Knows the individual assaulted to be a supervisor, director, instructor or other person employed in any park district and such supervisor, director, instructor or other employee is upon the grounds of the park or grounds adjacent thereto, or is in any part of a building used for park purposes;\n\n(5) Knows the individual assaulted to be a caseworker, investigator, or other person employed by the State Department of Public Aid, a County Department of Public Aid, or the Department of Human Services (acting as successor to the Illinois Department of Public Aid under the Department of Human Services Act [20 ILCS 1305/1-1 et seq.]) and such caseworker, investigator, or other person is upon the grounds of a public aid office or grounds adjacent thereto, or is in any part of a building used for public aid purposes, or upon the grounds of a home of a public aid applicant, recipient or any other person being interviewed or investigated in the employees' discharge of his duties, or on grounds adjacent thereto, or is in any part of a building in which the applicant, recipient, or other such person resides or is located;\n\n(6) Knows the individual assaulted to be a peace officer, or a community policing volunteer, or a fireman while the officer or fireman is engaged in the execution of any of his official duties, or to prevent the officer, community policing volunteer, or fireman from performing his official duties, or in retaliation for the officer, community policing volunteer, or fireman performing his official duties, and the assault is committed other than by the discharge of a firearm in the direction of the officer or fireman or in the direction of a vehicle occupied by the officer or fireman;\n\n(7) Knows the individual assaulted to be an emergency medical technician -- ambulance, emergency medical technician -- intermediate, emergency medical technician -- paramedic, ambulance driv
175047
It depends on the offense.  If the defendant only violated the protective order, then the days sound like it is in the range for sentencing.  If the defendant committed another offense and he/she would be subject to the penalties of the new offense.  The sentence is based on the underlying charge.\n\nThe conviction will limit the defendant in many ways including losing the right to own firearms and other weapons.
671901
Aggravated assault has a four-year statute of limitation. In criminal cases, the statute of limitations runs from the time of the criminal act to the time of indictment.\n\nHope that helps....
120337
Assault and battery is a class 1 misdemeanor in Virginia, which receives not more than 12 months in prison.