Assault and Battery Frequently Asked Questions
In what situations will a minimum sentence for assault be passed?
Minimum mandatory jail sentences will be passed if the assault:
- Involved the victim being selected by virtue of his or her race, religious conviction, color, or national original. Minimum sentence increases to six months in jail, with 30 days of that being mandatory;
- Is on a teacher, principal, or guidance counselor, while engaged in his/her duties as such. Minimum sentence increases to 15 days in jail, with two days of that mandatory; or
- Is on a judge, police officer, correctional officer, volunteer firefighter, or member of a volunteer rescue squad, while engaged in the performance of his/her public duties. The assault in this case is a class 6 felony, which results in a minimum mandatory jail term of six months.
