By Legal disclaimer: This directory explains general legal concepts for informational purposes and is not legal advice. Laws change, and this page is not a substitute for reviewing your state’s current penal code or speaking with a criminal defense attorney licensed in your state.
Why Assault and Battery Laws Differ by State
Criminal law in the U.S. is primarily state law, which means assault and battery are defined, classified, and punished differently depending on where an incident occurs. Some states merge assault and battery into a single statute; others keep them separate, as covered in What Is Assault and Battery? States also differ on:
- Whether assault and battery are one combined offense or two distinct ones
- The specific factors that make a charge “aggravated” see What Does ‘Aggravated’ Mean?
- Felony vs. misdemeanor thresholds and sentencing ranges (see Is Assault a Felony or Misdemeanor?)
- Statutory numbering and terminology (Penal Code sections, ILCS, ORC, ARS, and other state-specific citation systems)
This directory links to a dedicated breakdown for each state below, covering the specific statute, classification structure, and penalty ranges.
Select Your State
| State | What’s Covered |
| Texas | Texas Penal Code assault/battery structure, degrees, and penalties |
| Georgia | OCGA assault and aggravated assault provisions |
| Illinois | ILCS battery and aggravated battery classifications |
| Arizona | ARS aggravated assault degrees and penalties |
| Utah | Utah assault classifications and sentencing |
| Florida | Florida’s separate assault and battery statutes (§ 784) |
| California | California Penal Code assault/battery, including PC 243(e)(1) |
| Ohio | Ohio Revised Code (ORC) assault provisions |
| Nevada | Nevada battery and assault classifications |
| Colorado | Colorado’s degree-based assault structure |
| Virginia | Virginia’s combined assault and battery statute, including degree classifications |
| Arkansas | Arkansas battery and assault degrees |
| New York | New York Penal Law assault degrees |
| Pennsylvania | Pennsylvania simple and aggravated assault statutes |
Don’t see your state? Speak with a criminal defense attorney licensed in your jurisdiction for the most current, specific guidance.
How to Use This Directory
Each state page follows the same structure so you can find what you need quickly: the specific statutory language and citation, how the state classifies simple vs. aggravated charges, felony/misdemeanor thresholds, and typical penalty ranges. For the general concepts that apply across every state regardless of local statute numbers start with our core pillars: Assault vs. Battery, Is Assault a Felony or Misdemeanor?, and How to Press Charges.
Frequently Asked Questions
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Do all states define assault and battery the same way?
No. Some states merge the two into a single statute; others keep them separate. Terminology, degree structures, and penalty ranges all vary by state.
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Where can I find my state’s specific assault or battery statute?
Select your state from the directory above for a breakdown of the relevant penal code sections, classifications, and penalties.
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Why do some states use “degrees” (1st, 2nd, 3rd) instead of “simple” and “aggravated”?
This is a difference in statutory structure, not a difference in underlying concept. Both systems are ways of grading offense severity, just with different labels.
Talk to an Attorney
State-specific statutes change and can be interpreted differently by local courts. Speak with a criminal defense attorney licensed in your state for guidance specific to your situation.