In most states the definition of assault/ battery is when one person tries or succeeds in physically hitting another person or does anything to produce fear or threaten a person. These claims are pursued in civil court rather than criminal court. This term is usually associated with typical fights.
Although many states combined the two, they are actually two totally separate legal offenses. An assault is the attempt or threat made to the person regardless of actual contact between two people. The standard is whether the individual feels a threat of physical harm to be imminent. If contact occurs, that is when the term battery comes into play. There needs to be actual physical contact. For an assault, words are not enough. Some sort or act must occur.
Mayhem is when a body part was injured so severely injured, that it must be removed or rendered useless.
For example two gentlemen get into an argument at a sports bar. If both men are sitting in their chairs from across the room, and yelling profanities to each other and threats, their exchanged do not constitute as assault. In the same scenario, if man A stands and makes his way forward to man B, while saying those threats and causing the man B to be frightened, man B may have a case against man A in civil court for assault. If man A makes his way to man B and makes any physical contact, battery charges are added to man A's complaints. If man B has no lasting injuries, his encounter with man A is assault and battery. If man A kicks man B numerous times in the arm and breaks it in several places which ultimately leads to it being rendered useless, then mayhem is added to the charges against man A.
Crimes fall in different categories under the laws of New York and are subject to certain guidelines when it comes to sentencing depending on the nature and circumstances of the crime. See New York's sentencing guideline.
It is imperative that you call the Rozhik Law Firm when facing any charges. We know how to handle your case to get you the best results. A crime can be significantly reduced in severity (criminal to non-criminal), and punishment minimized (sentencing/jail time/probation) when hiring us to handle your matter. The Rozhik Law Firm knows what the Judges look for, relevant law and procedure, and how to negotiate with the prosecution on your behalf. Zealous for you, tough with the prosecution.