Is a battery conviction in vermont or maryland a misdemeanour if a first offence?

Question

Is a battery conviction in vermont or maryland a misdemeanour if a first offence?

Answer 1

Simple battery is a misdemanor.  Felonies include battery with a deadly weapon, battery on a peace officer, battery causing substantial bodily harm and a few others.    

Answer 2

Doesn't matter if it's a first or tenth offense.  Murder is never a misdemeanor because it's only the first time.  Battery is serious though and is often a felony charge.

Answer 3

the offense of simple assault and battery as a class 1 misdemeanor; however, this code section relies upon what is called the common law to define the elements of the offense. Common law is judge made law which has been around for centuries which we inherited in this country from our original ties with England. The common law definition of an assault and battery is an intentional harmful or offensive contact. To get even more specific, an assault under common law is separate from a battery. An assault is the apprehension of a harmful or offensive contact. Thus, even if you did not actually make contact with the individual, if you intended to make contact, you could be found guilty of assault. A battery is the actual harmful or offensive contact. Virginia Code §18.2-57 adds additional criteria to the definition of simple assault and battery which enhances the penalty by creating mandatory jail time for certain behavior. For instance if the accused “. . . intentionally selects the person against whom a simple assault is committed because of his race, religious conviction, color or national origin, the penalty upon conviction shall include a term of confinement of at least six months, 30 days of which shall be a mandatory minimum term of confinement.” Other proscribed behavior which will result in enhanced punishment includes the knowing assault and battery of a law enforcement officer, corrections officer, firefighter or other emergency personnel while engaged in the performance of their public duties. The punishment for this offense is a Class 6 felony and a mandatory minimum term of confinement of six months. The code also provides enhanced punishment for a battery “. . . against another knowing or having reason to know that such other person is a full-time or part-time teacher, principal, assistant principal, or guidance counselor of any public or private elementary or secondary school and is engaged in the performance of his duties as such, he shall be guilty of a Class 1 misdemeanor and the sentence of such person upon conviction shall include a sentence of 15 days in jail, two days of which shall be a mandatory minimum term of confinement.”