The document discusses the distinction between assault and battery in criminal law. Assault involves threatening or attempting to cause harm to another person, while battery involves physical contact or harm against another person without consent. Assault is the threat or attempt to commit harm, while battery is the actual physical contact or harm. The severity of the assault or battery, such as use of a weapon or degree of harm caused, determines if it is a misdemeanor or felony charge.
This PowerPoint presentation is a brief about the Writ of Mandamus. The PPt covers the crux of the writ of Mandamus, its types, its advantages, who and against whom it can be filed, and more. This presentation on writ of Mandamus is covered under Administrative Law
· Define terms relatA significant amount of the criminal code is d.docxoswald1horne84988
· Define terms relatA significant amount of the criminal code is devoted to protecting persons from personal harm. Criminal statutes define a variety of crimes against persons, including assault, battery, rape, and kidnapping. Each of these offenses results in a degree of injury to the victim, and the type of specific offense charged is based on the elements of the act.ed to types of personal crime
·
· A significant amount of the criminal code is devoted to protecting persons from personal harm. Criminal statutes define a variety of crimes against persons, including assault, battery, rape, and kidnapping. Each of these offenses results in a degree of injury to the victim, and the type of specific offense charged is based on the elements of the act.
· TOPICS
·
· OBJECTIVES
·
·
· Topic 01: Assault
· Mayhem is a form of aggravated battery where the injuries to the victim are severe and permanent.
·
·
· Topic 02: Battery
· Menacing, also known as brandishing, is the act of wielding a weapon with the intent of threatening another person with bodily harm.
·
·
· Topic 03: Sex Offenses
· Rape shield laws are intended to prevent information regarding a rape victim’s sexual history from being raised at trial.
·
·
· Topic 04: Manslaughter
· Once kidnappers cross state lines, the crime becomes a federal offense under the Federal Kidnapping Act.
·
·
· Topic 05: False Imprisonment
· Under shopkeeper’s privilege, a storeowner may be permitted to detain a shoplifter on store property for a reasonable
·
Introduction
The terms assault and battery are frequently used concurrently when describing personal injury crimes, but these crime actually consist of different elements. To increase your understanding of the difference between assault and battery, it is important to analyze the elements of these offenses and the definitions of aggravated assault and conditional assault.
OBJECTIVES
· Define terms related to types of personal crime
· Discuss different types of assault
· Differentiate between assault, battery, and aggravated battery
· Identify laws designed to protect individuals from personal crimes
SEQUENCE
Elements of Assault
Many people contend that the modern differentiation between assault and attempted battery is simply semantics. The crime of battery is the unlawful infliction of harm on another. The crime of assault is the threat or attempt to harm another person.
The elements for the crime of assault are:
Mens Rea: An unlawful attempt or threat
Actus Reus: With the present ability to injure another person
The crime of mayhem is listed in many statutes as a higher degree of battery. Here the injuries suffered by the victim are severe.First-degree assault and batteAssault Versus Battery
The crime of mayhem is listed in many statutes as a higher degree of battery. Here the injuries suffered by the victim are severe.
First-degree assault and battery generally requires that the victim has suffered severe bodily injuries or that t.
THIS DOCUMENT IS THE OWN WORK OF A STUDENT WHO STUDIES AT PRESIDENCY UNIVERSITY BANGALORE IN 2ND SEMESTER.
THE DOCUMENT MAINLY DESCRIBE THE TRESPASS TO PERSON UNDER LAW OF TORTS.
This PowerPoint presentation is a brief about the Writ of Mandamus. The PPt covers the crux of the writ of Mandamus, its types, its advantages, who and against whom it can be filed, and more. This presentation on writ of Mandamus is covered under Administrative Law
· Define terms relatA significant amount of the criminal code is d.docxoswald1horne84988
· Define terms relatA significant amount of the criminal code is devoted to protecting persons from personal harm. Criminal statutes define a variety of crimes against persons, including assault, battery, rape, and kidnapping. Each of these offenses results in a degree of injury to the victim, and the type of specific offense charged is based on the elements of the act.ed to types of personal crime
·
· A significant amount of the criminal code is devoted to protecting persons from personal harm. Criminal statutes define a variety of crimes against persons, including assault, battery, rape, and kidnapping. Each of these offenses results in a degree of injury to the victim, and the type of specific offense charged is based on the elements of the act.
· TOPICS
·
· OBJECTIVES
·
·
· Topic 01: Assault
· Mayhem is a form of aggravated battery where the injuries to the victim are severe and permanent.
·
·
· Topic 02: Battery
· Menacing, also known as brandishing, is the act of wielding a weapon with the intent of threatening another person with bodily harm.
·
·
· Topic 03: Sex Offenses
· Rape shield laws are intended to prevent information regarding a rape victim’s sexual history from being raised at trial.
·
·
· Topic 04: Manslaughter
· Once kidnappers cross state lines, the crime becomes a federal offense under the Federal Kidnapping Act.
·
·
· Topic 05: False Imprisonment
· Under shopkeeper’s privilege, a storeowner may be permitted to detain a shoplifter on store property for a reasonable
·
Introduction
The terms assault and battery are frequently used concurrently when describing personal injury crimes, but these crime actually consist of different elements. To increase your understanding of the difference between assault and battery, it is important to analyze the elements of these offenses and the definitions of aggravated assault and conditional assault.
OBJECTIVES
· Define terms related to types of personal crime
· Discuss different types of assault
· Differentiate between assault, battery, and aggravated battery
· Identify laws designed to protect individuals from personal crimes
SEQUENCE
Elements of Assault
Many people contend that the modern differentiation between assault and attempted battery is simply semantics. The crime of battery is the unlawful infliction of harm on another. The crime of assault is the threat or attempt to harm another person.
The elements for the crime of assault are:
Mens Rea: An unlawful attempt or threat
Actus Reus: With the present ability to injure another person
The crime of mayhem is listed in many statutes as a higher degree of battery. Here the injuries suffered by the victim are severe.First-degree assault and batteAssault Versus Battery
The crime of mayhem is listed in many statutes as a higher degree of battery. Here the injuries suffered by the victim are severe.
First-degree assault and battery generally requires that the victim has suffered severe bodily injuries or that t.
THIS DOCUMENT IS THE OWN WORK OF A STUDENT WHO STUDIES AT PRESIDENCY UNIVERSITY BANGALORE IN 2ND SEMESTER.
THE DOCUMENT MAINLY DESCRIBE THE TRESPASS TO PERSON UNDER LAW OF TORTS.
VIOLENT W HITE-COLLAR CRIMEAndrew VersteinI n t r o d.docxdickonsondorris
VIOLENT W HITE-COLLAR CRIME
Andrew Verstein
I n t r o d u c t io n
It is orthodox to divide the universe of crimes according to their
violence. There are violent crimes, prototypically street crimes.
And there are nonviolent crimes of fraud, prototypically white-collar
crimes. Although the implications of this distinction are
controversial, the distinction itself is not controversial. * 1 This Essay
challenges this universal dichotomy by offering an account of
violence th a t adm its m any crimes of deception.
This Essay proceeds in four parts. In P a rt I, it m akes a catalog
of th e factors th a t assure th e violence of a given violent crime. P a rt
II th en shows how those factors can apply to a great degree in the
white-collar context. T hat is, properly understood, violence can be
found in the fraudulent foreclosure, the embezzlement, and the
forged check.
It should be no surprise th a t in order to find an analogy
between street crime and white-collar crime, my account of violence
is an extended one, which takes into account factors th a t are not
always associated w ith violence. This approach may cause some
critics to worry th a t I have smuggled fraud into violence only
semantically—th a t my account of violence does violence to the word
“violence.” Alternatively, some may worry th a t my account—if it
proves anything—proves too much. If fraud is violent, is not
everything violent? 2
P a rts III and IV seek to address those objections in a way th a t
both mollifies and edifies. These objections are legitim ate, and so
* Assistant Professor of Law, Wake Forest University School of Law.
1. See Tony G. Poveda, White Collar Crime and the Justice Department:
The Institutionalization of a Concept, 17 Crime L. & Soc. Change 235, 241
(1992) (quoting U.S. Dep’t of J ustice, National P riorities for White Collar
Crime 5 (1977)).
2. Part of the inspiration for this Essay comes from the distant
recollection that some scholars have argued that seemingly benign acts can do
violence. See generally Serene J ones, F em inist Theory and Christian
Theology: Cartographies of Grace 31-33 (2000) (describing a feminist
constructivist approach). Some have even argued that reading to one’s child can
be an act of violence. Cf. Bronwyn T. Williams, Boys May Be Boys, but Do They
Have to Read and Write That Way?, 47 J. ADOLESCENT ADULT LITERATURE 510,
512 (2004) (articulating the concern with potential consequences of violent
readings).
873
874 WAKE F O R E S T LA W R E V IE W [Vol. 49
the process of accommodating them gives the theory of white-collar
violent crime its best prospect for making a sustained contribution.
P a rt III proposes a lim iting principal to the theory of extended
violence, which in tu rn m akes plausible the insight th a t violence is a
norm ative and not merely descriptive property. P a rt IV shows th a t
the implications of this account are neither trivial nor cataclysmic
for theo ...
Deadly Force
Deadly Force in the Defense of their Property
Name
Class
Date
Professor
Deadly Force in the Defense of their Property
The America government was established to ensure people have the right to own property and to defend that property but despite this constitutional right many states do not allow citizens to use deadly force to protect their property. Most states allow a citizen to use deadly force in order to protect themselves but there is also a requirement in some states for the property owner to retreat if at all possible. In other words if the property owner can flee they should flee but instead if the property owner kills the intruder they can be charged with a crime. States that do not allow for deadly force in the defense of property violate citizens Second Amendment rights.
In America citizens have the right to bear arms but this does not necessarily mean they can actually take deadly action against someone threatening their property. When the citizen uses deadly force within the state they do not base this decision on the Second Amendment but on the law of the state. If a person use deadly force, the law will protect them, but only if they have acted within the law (Mansfield, 2014). If the law forbids the use of deadly force or requires the property owner first attempt to retreat then they may not use force but in states, such as Arizona a citizen can use force to protect property in some crimes. For example if someone is trying to commit arson on the property the citizen can use deadly force.
When it comes to defense of property every state has different laws which can create confusion. Every citizen should give the right to defend their property and their person when someone is threatening. When a person comes to another person’s home and threaten s their person or property they should suffer the consequences of their actions. When a person is being threatened they are going to either retreat or fight as is their biological instinct. Not all people will retreat and if they feel threatened they will naturally respond. They should not be punished when they protect their property, self, or family if their actions were in self defense.
In some state a reasonable standard of proof is needed to show a person acted in self defense when protecting their property. What this means is the homeowner cannot just run get a gun and shoot someone who enters there property but can apply reason to the situation and determine if the use of deadly force is needed. In the state of Washington there must be a reasonable belief a person or their property will be harmed before self defense can be applied. This seems like the fairest approach.
Stand your Ground Laws allow citizens to use deadly force on self defense and do not require citizens to retreat. The citizen can protect their person and property if they feel it is being threatened. People that oppose these laws cite the recent.
Interpretation is the procedure by which justices interpret and smear lawmaking. Particular quantity of interpretation is frequently essential when a circumstance includes a decree. Occasionally the influences of a decree consume a basic and direct sense. Then in numerous bags, here is specific ambiguity and vagueness in the words of the decree that need be determined by the justice. To novelty the senses of decrees, adjudicators practice many tackles and means of constitutional interpretation, counting outdated norms of legal interpretation, lawmaking antiquity, and determination. In joint law authorities, the law lords may smear rubrics of legislative interpretation together to regulation endorsed by the parliament and to substitute lawmaking such as organizational activity rules.
It contains specific provisions regarding what constitutes a transfer and the conditions attached to it. It came into force on 1 July 1882. According to the Act, 'transfer of property' means an act by which a person conveys the property to one or more persons, or himself and one or more other persons.
Muslim Personal Law in India. Muslims in India are governed by The Muslim Personal Law (Shariat) Application Act, 1937. This law deals with marriage, succession, inheritance and charities among Muslims. The Dissolution of Muslim Marriages Act, 1939 deals with the circumstances in which Muslim women can obtain divorce.
Ll.b. 312 constitutional law iii pak (mid)EHSAN KHAN
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is.
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Marriage is an integral part of a Muslim’s life, indeed it is too important in our religion Islam that it is considered to be one half of one’s Faith. Islam is not like the other religions that support and promote monasticism or celibacy, but it is a just religion and it takes the middle way in sexual relations, it neither allows it freely, nor does it condemn it like the other certain religions. Marriage is a great virtue and a means of salvation in our religion (Islam). It is our religious duty and a moral safeguard. Marriage is a contract made by male and female to live together as wife and husband and a tie that strengthen their relationship. It is because of this holy tie that families are established in our societies and communities. Moreover, it is the lawful and legitimate way to indulge in intimacy between a man and woman.
Salient feature of 1973 constitution of pakistanEHSAN KHAN
Salient feature of 1973 constitution of Pakistan
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The word fiqh is an Arabic term meaning "deep understanding" or "full comprehension". Technically it refers to the body of Islamic law extracted from detailed Islamic sources (which are studied in the principles of Islamic jurisprudence) and the process of gaining knowledge of Islam through jurisprudence.
Llb 224 islamic jurisprudence – ii final.EHSAN KHAN
The word fiqh is an Arabic term meaning "deep understanding" or "full comprehension". Technically it refers to the body of Islamic law extracted from detailed Islamic sources (which are studied in the principles of Islamic jurisprudence) and the process of gaining knowledge of Islam through jurisprudence.
A contract is a voluntary arrangement between two or more parties that is enforceable by law as a binding legal agreement. Contract is a branch of the law of obligations in jurisdictions of the civil law tradition. ... Some types of contracts may require formalities, such as a memorialization in writing.
A contract is a voluntary arrangement between two or more parties that is enforceable by law as a binding legal agreement. Contract is a branch of the law of obligations in jurisdictions of the civil law tradition. ... Some types of contracts may require formalities, such as a memorialization in writing.
Psychology is the science of the mind and behavior. The word "psychology" comes from the Greek word psyche meaning "breath, spirit, soul", and the Greek word logia meaning the study of something.
According to Medilexicon's medical dictionary, psychology is "The profession (clinical psychology), scholarly discipline (academic psychology), and science (research psychology) concerned with the behavior of humans and animals, and related mental and physiologic processes." Although psychology may also include the study of the mind and behavior of animals, in this article psychology refers to humans.
Llb 225 introduction to psychology final.EHSAN KHAN
Psychology is the science of the mind and behavior. The word "psychology" comes from the Greek word psyche meaning "breath, spirit, soul", and the Greek word logia meaning the study of something.
According to Medilexicon's medical dictionary, psychology is "The profession (clinical psychology), scholarly discipline (academic psychology), and science (research psychology) concerned with the behavior of humans and animals, and related mental and physiologic processes." Although psychology may also include the study of the mind and behavior of animals, in this article psychology refers to humans.
We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
Human Rights are the basic rights and freedoms to which all human beings are entitled, like civil and political rights, the right to life and liberty, freedom of thought and speech/expression, equality before the law, social, cultural and economic rights, the right to food, the right to work, and the right to education
Human Rights are the basic rights and freedoms to which all human beings are entitled, like civil and political rights, the right to life and liberty, freedom of thought and speech/expression, equality before the law, social, cultural and economic rights, the right to food, the right to work, and the right to education
Formation of Attitude, How it is Changed and Rule of PrejudiceEHSAN KHAN
Let's quickly define the word attitude. An attitude is the value a person assigns to something or someone. How do you feel about the current president of the United States? What do you think about classical music? These questions will reveal your level of value towards these things, or, your attitude about the president or classical music.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
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Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
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1. 4/12/2017
Distinction between Assault And Battery
Law of Tort II
Name
Ihsan Ullah
Roll No. 11
Class
LL.B. 2nd
Year
Semester 3rd
Assignment on
Difference b/w Assault & Battery
Submitted to
Miss Salma Nawaz
2. 1 | P a g e
Contents
Distinction between Assault And Battery ..............................................................................2
What Is Assault?.........................................................................................................................2
What Is Battery? ........................................................................................................................2
What Is Assault and Battery? ..................................................................................................2
Simple versus Aggravated Assault............................................................................................3
Assault Statute Example: Mississippi.....................................................................................3
Definition......................................................................................................................................4
Principle .......................................................................................................................................4
Dynamics ......................................................................................................................................4
Example of assault and battery.................................................................................................4
Legal Implications......................................................................................................................4
Aggravated Variants....................................................................................................................4
Understanding the Difference between Assault and Battery .............................................4
The Main Difference between Assault and Battery .............................................................5
Criminal Assault..........................................................................................................................5
Criminal Battery .........................................................................................................................5
Assault and Battery Charges.....................................................................................................5
Civil Complaint............................................................................................................................5
Civil Assault..................................................................................................................................6
Civil Battery .................................................................................................................................6
Assault and Battery across Jurisdictions...............................................................................6
Degrees of Assault.......................................................................................................................6
Punishment for Assault and Battery....................................................................................... 7
Variations of Assault and Punishments.................................................................................. 7
Defenses to Assault and Battery .............................................................................................. 7
Difference and Similarities....................................................................................................... 7
Comparison chart........................................................................................................................8
Conclusion....................................................................................................................................8
References....................................................................................................................................9
3. 2 | P a g e
Distinction between Assault And Battery
Assault and battery are a combination of threat and physical harm. The severity of harm caused decides the
charge of an assault and battery case. It could either be a misdemeanor or a felony according to common
law.
The crimes of assault, assault and battery, and aggravated assault all involve intentional harm inflicted on
one person by another. Any crime involving a physical attack (or even the threat of an attack) is usually
classified as an assault, a battery, or both. Depending on the seriousness of the attack (or the dangerousness
of the weapon used), these acts can rise to the level of aggravated assault. And more than one-sided attacks
can constitute assault. Fighting can lead to an assault charge, even when two people have mutually agreed
to fight.
What Is Assault?
Assault is sometimes defined as any intentional act that causes another person to fear that she is about to
suffer physical harm. This definition recognizes that placing another person in fear of imminent bodily
harm is itself an act deserving of punishment, even if the victim of the assault is not physically harmed.
This definition also allows police officers to intervene and make an arrest without waiting for the assaulter
to actually strike the victim.
Assault Case Example: Snider is walking down a city street carrying a bottle of soda. Mantle, walking
along the same street in the opposite direction, sees snider approaching. Because of Snider's reputation as
a hot-head, Mantle immediately becomes fearful that Snider will swing the bottle at him when their paths
cross. As they walk past each other, nothing happens. Snider has not committed an assault. Snider has a
right to carry a bottle of soda in public, and Mantle's fear of being hit was not the result of Snyder's
intentionally threatening behavior. But now assume that, as they draw closer, Snider draws back his fist and
tells Mantle "You're going to pay for stealing my collection of baseball pennants." As Snider begins to
swing his fist in Mantle's direction, Mantle sprints away and escapes harm. Here, Snider has committed an
assault. His intentional conduct placed Mantle in reasonable fear of immediate bodily harm.
What Is Battery?
Battery is the extreme stage of Assault. Battery is a violent contact between two persons, in which physical
contact must involve. A person, who commit battery not only threaten the victim but also become the cause
of any physical injury. This injury could be of any type, that could occur because of criminal’s physical
contact with victim like beating, use of any dangerous thing that could cause cutting of skin, use of weapon
that could cause severe injury etc. The law of battery is also applicable for those persons, who touch
anything related to victim’s body for the purpose of pay harm to victim like touching the hat or purse of
victim. Battery is that type of contact that must be intended. The punishment of battery is different in
different countries; however the type of punishment depends upon intensity of injury.
What Is Assault and Battery?
Historically, battery and assault were considered separate crimes, with battery requiring that the aggressor
physically strike or offensively touch the victim. In that way, a battery was a “completed” assault. Many
modern statutes don't bother to distinguish between the two crimes, as evidenced by the fact that the phrase
"assault and battery" has become as common as "salt and pepper." These days, statutes often refer to crimes
of actual physical violence as assaults.
4. 3 | P a g e
Simple versus Aggravated Assault
The criminal laws of many states classify assaults as either simple or aggravated, according to the gravity
of the harm that occurs—or is likely to occur if the assaulter follows through and strikes the victim.
Aggravated assault is a felony that may involve an assault committed with a weapon or with the intent to
commit a serious crime, such as rape. (Some assault laws name the aggravating factor—for example,
“assault with a deadly weapon.”) An assault may also be defined as aggravated if it occurs in the course of
a relationship that the legal system regards as worthy of special protection (see "Aggravated Assault Case
Example 2" below for more discussion). In the absence of factors such as these, the crime tends to be simple
assault, a misdemeanor.
As an alternative to classifying assaults as either simple or aggravated, some states recognize the different
levels of harm that they can cause by classifying them as first (most serious), second, or third degree (less
serious) assaults.
Aggravated Assault Case Example 1: Alyssa is walking alone late at night when a man suddenly
jumps in front of her and drags her into the bushes. The man strikes her a couple times and begins to rip at
her clothes. Fortunately, Alyssa strikes the attacker with a rock and runs away to safety. The attacker is
guilty of aggravated assault because the circumstances indicate that he assaulted Alyssa with the intent of
raping her.
Aggravated Assault Case Example 2: A male nurse in a nursing home facility fondles an elderly
female patient. The nurse may be convicted of aggravated assault in states that have enacted special statutes
to protect elderly or mentally ill patients against violence by caregivers.
WORDS ALONE CANNOT FORM AN ASSAULT
According to an ancient children's ditty, "Sticks and stones may break my bones but words will never harm
me." It turns out that words alone won't give rise to assault charges either. The general policy against
punishing people for naked threats recognizes that in the heat of the moment, people often make threats
they have no intention of carrying out. (That said, however, some crimes involve nothing more than
words—for instance, see Criminal Threats.)
Assault Statute Example: Mississippi
To get an idea of what a statute on assault looks like, take a look at this excerpt from Mississippi Code
(Section 97-3-7), which defines the crime of simple assault. As you'll see, simple assault in Mississippi
encompasses both acts that cause actual bodily injury and acts that cause fear of imminent serious bodily
harm.
A person is guilty of simple assault if he
(i) attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or
(ii) negligently causes bodily injury to another with a deadly weapon or other means likely to
produce death or serious bodily harm; or
(iii) attempts by physical menace to put another in fear of imminent serious bodily harm; and, upon
conviction, he shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or
by imprisonment in the county jail for not more than six (6) months, or both.
5. 4 | P a g e
Definition
Any reasonable threat to a person is assault while battery is defined as use of force against another with
intent of causing physical harm without his consent. In other words, assault is the attempt to commit battery.
Principle
An assault can cause fear of impending violence in a person even though there is no actual violence
inflicted. Battery on the other hand trespasses into the comfortable personal space of a person without his
consent and causes him bodily harm.
Dynamics
Threatening an individual verbally is assault but hitting the person is battery. Assault and battery usually
occur together. Behavior such as pointing a gun at someone or waving a potential weapon constitutes
assault. As soon as waving advances to beating, the crime becomes one of assault and battery. Physical
contact with the body graduates the crime of assault into one of assault and battery. The elements of battery
are a volitional act, done for the purpose of causing an harmful or offensive contact with another person or
under circumstances that make such contact substantially certain to occur, which causes such contact.
Example of assault and battery
Throwing a rock at someone for the purpose of hitting him is battery if the rock in fact strikes the person
and is an assault if the rock misses. The fact that the person may have been unaware that the rock had been
thrown at him is irrelevant under this definition of assault.
Some jurisdictions have incorporated the definition of civil assault into the definition of the crime making
it a criminal assault to intentionally place another person in "fear" of a harmful or offensive contact. "Fear"
means merely apprehension - awareness rather than any emotional state.
Legal Implications
Both assault and battery are criminal offenses tried as a misdemeanor or felony based on the seriousness of
damage caused. Assault cases rarely stand alone in court of law since threats are difficult to prove. Physical
injury can be easily established and hence battery can be proved. Battery essentially involves assault but an
assault does not necessarily involve battery. The penalties rendered vary according to laws of jurisdiction
but both assault and battery are regulated by statutes.
Aggravated Variants
Aggravated assault is the display of willingness or ability to carry out the threat while aggravated battery is
making physical contact or touching the person with or without weapons in order to cause bodily harm or
restrain.
Understanding the Difference between Assault and Battery
While both assault and battery are crimes, they are not the same offense. It is common for the two crimes
to be confused or used interchangeably in conversation, though there is a key difference.
Despite being distinct crimes, people charged with either assault of battery are subject to harsh penalties if
they are prosecuted and convicted to the fullest extent of the law. Though the consequences of a potential
6. 5 | P a g e
criminal conviction can be frightening, a knowledgeable defense attorney could provide the resources
necessary to help avoid a conviction
The Main Difference between Assault and Battery
The main difference between a battery charge and an assault charge is the actual presence of harm and the
threat of harm. Someone can only be charged with battery if they have caused real physical harm to
someone, while a person can be charged with assault if the mere threat of harm is present.
Since the charges are distinct, they each have their own set of penalties, should a conviction occur.
However, someone facing either charge could be subject to fines as well as a jail sentence. Fortunately, it
is possible to fight against criminal charges with the help of a defense attorney.
Criminal Assault
Criminal assault is defined under state law. It is typically the lesser of the two charges. Assault typically
involves threatening another person with an act of violence with the physical ability to follow through with
the specific threat. This charge does not rely on whether the perpetrator actually followed through with the
threat. The crime itself is prefaced on the threat itself. Committing this crime can result in misdemeanor or
felony charges, depending on the circumstances and state law. Felony charges are more likely to arise when
the victim is threatened with a deadly weapon or when aggravated assault occurs. A conviction of a felony
may result in a long term of imprisonment and/or large fines.
Criminal Battery
While assault does not depend on whether the victim actually suffered harm, criminal battery does. Battery
occurs when the threat is carried through. Battery can result when another person is touched, groped or
injured in an unwanted fashion. This crime tends to be more serious than assault because it involves the
actual infliction of harm onto a victim. In most states, the battery does not have to be severe enough that it
leaves a mark. Sexual abuse typically qualifies as criminal battery.
Assault and Battery Charges
Being charged with assault and battery can result in long-term consequences if convicted. This set of
criminal charges makes it more serious because of the potential of being convicted of two serious, separate
crimes at one time. When a defendant is facing charges for battery, he or she will also usually be facing
assault charges. However, a defendant who did not inflict harm on another person may only be charged
with assault.
To protect their legal interests, a defendant being charged with either or both of these crimes may wish to
consult with a criminal defense attorney. He or she may formulate a defense strategy based on the
weaknesses in the case. These cases often rely primarily on the victim’s account of events. A criminal
defense attorney may review the evidence to determine any legal arguments against the admissibility of
evidence. He or she may also negotiate a plea agreement with the prosecution if this is in the defendant’s
best interest.
Civil Complaint
In addition to any potential criminal consequences, a defendant may also face a civil complaint regarding
assault or battery. In a civil case, the burden of proof is on the plaintiff, the person who is bringing the
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lawsuit. He or she must be able to prove each element of the case by a preponderance of the evidence,
meaning that things more than likely than not happened as the plaintiff said. Assault and battery are both
considered intentional torts, distinct from a claim of negligence.
If the civil complaint is successful, the defendant may be required to pay money damages for his or her
actions. Compensatory damages may be ordered, which include economic costs of the defendant’s actions,
such as medical expenses and lost wages. Punitive damages may also be ordered, which are money damages
awarded for particularly egregious actions on the part of the defendant. These damages are awarded when
the judge or jury wishes to punish the defendant and deter future conduct. In some states these damages are
awarded to the victim while in others they become part of a victim recovery fund.
Civil Assault
Assault is often defined as an intentional attempt or threat to cause injury to another person with the ability
to carry out this threat that causes the victim to suffer a reasonable apprehension of harm or offensive
contact. The apprehension must be reasonable from an objective viewpoint. Additionally, the threat must
be regarding an imminent harm. It is not enough for a defendant to threaten harm sometime in the distant
future. The victim must be aware of this threat in order for him to be able to prove these elements.
Civil Battery
In contrast to civil assault, civil battery does require actual contact between the defendant and the victim.
The elements of battery include the defendant’s intent to cause unwanted or offensive contact and he or she
does cause such contact.
Assault and Battery across Jurisdictions
In certain jurisdictions, assault and battery are often paired together as one offense. The reason for this is,
when someone commits battery they usually have the intent to harm, and threaten the person before
committing the physical act. There will also be different degrees of battery including first degree, second
degree, and third degree. Each degree describes how serious the crime may be.
In other jurisdictions, assault is defined in broader terms as any intentional physical contact with an
individual without their consent. In these states, the definition of assault encompasses the definition of
battery of other jurisdictions. Further, like the states that have separate definitions for assault and battery,
these jurisdictions generally have three degrees of assault. The degrees of assault determine the range of
punishment to be administered for the crime.
Degrees of Assault
First degree assault, the level of assault that is given the harshest punishment, generally includes severe
bodily harm and extreme indifference for the value of human life. Instead of using the category “first degree
assault,” some jurisdictions will use the term aggravated assault, which is just another way of saying it’s
the most serious form of assault.
Aggravated or first degree assault will usually include the use of a dangerous weapon in its definition.
Second degree assault will usually include the use of a dangerous weapon as well, but what makes second
degree assault different from first degree assault is either the intent behind the bodily harm, or the level of
bodily harm. Third degree assault is the form of assault that receives the lightest punishment. This is when
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a person attempts to injure another person, but does not, or when a person does injure a person, just not
physically.
Punishment for Assault and Battery
Regardless of which definition the jurisdiction uses, the broader definition of assault, or separate definitions
for assault and battery, a crime of this nature in the first-degree (or aggravated) is classified as a felony.
Depending on the state, it is punishable by 5-25 years in prison. A crime of this nature in the second degree
is also usually classified as a felony, and depending on the state, is punishable by 1-20 years in prison. A
crime of this nature in the third degree is usually classified as a misdemeanor, which means that the person
will not spend more than a year in jail for the crime. This is the same for the jurisdictions that define assault
as only the threat of bodily harm.
Variations of Assault and Punishments
Other variations of assault charges include sexual assault (which can include rape and statutory rape),
assault on a minor or juvenile, assault on a peace officer, assault with intent to murder, and gang assault.
These are all generally classified as felonies. All of the above charges carry jail time and fines as well, and
the charges are almost always enhanced if the person has prior offenses on their record.
Defenses to Assault and Battery
While the definitions of degrees of assault or battery vary by jurisdiction, the most common defense to an
assault or battery charge throughout all jurisdictions is mutual consent. Mutual consent is when both parties
agree to the situation, meaning that there was not a one-sided attack. Other common defenses to assault and
battery charges include self-defense, defense of others, or defense of property. However, these defenses can
only be used when the force used to defend oneself or others was proportionate to the assault or battery the
individual intended to stop.
Any party charged with assault or battery should consult an experienced criminal defense attorney for the
best available defense to the charge.
Difference and Similarities
The major difference between assault and battery is the amount of contact.
In case of assault there is no physical harm to victim, it is just threat from criminal to victim.
In case of battery, there must be some physical contact between criminal and victim.
A person, who receives punishment of battery, is essentially guilty of assault. On the contrary, the
assault crime has no charges of battery.
It is very easy to prove the offense of battery rather than assault. The reason is that victim can easily
prove the physical evidence of battery charge.
The punishment of battery charge against a person is very tough as compared to assault.
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Comparison chart
Assault Battery
Justification Self-defense or defense Self-defense, defense, necessity
Common Law Intentional tort Intentional tort (Negligent tort in
Australia)
Important
aspect
Threat of violence is enough
to constitute assault; no
physical contact is necessary
Physical contact is mandatory
Purpose To threaten To cause harm
Nature of crime Not necessarily physical Definitely physical
Conclusion
It is the fact that both assault and battery are criminal charges, but they are different from one
another. This difference is amount of contact. However, a person who commits a battery crime
also has to face assault charge.
In Tort (when a private person sues another who injured them)
Battery is an unwanted, offensive touching. Can be spitting, punching, knocking a plate out of
someone's hand, etc.
Assault means attempted battery. Someone intended to batter another, and took some steps
towards doing it, but for some reason outside of their control, they failed.
The basic rule from common law is that battery is a physical touch and assault is the fear of
imminent harm. This is why you often see it termed as "assault and battery", as you had fear of
imminent harm before the baseball bat actually made a connection with your face.
Actually, in many jurisdictions (such as Maryland) battery has been entirely subsumed into Assault
in the criminal law. In Maryland, a charge of assault can refer to the threat of battery, the attempted
battery, or the battery itself.
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References
http://en.wikipedia.org/w/index.php?title=Assault&oldid=338214734
http://en.wikipedia.org/wiki/Assault_and_battery
http://en.wikipedia.org/w/index.php?title=Battery_%28crime%29&oldid=338572679
http://www.lomtl.com/articles/understanding-the-difference-between-assault-and-battery/
http://www.nolo.com/legal-encyclopedia/assault-battery-aggravated-assault-33775.html
http://www.differencebetween.com/difference-between-assault-and-battery/
http://criminal-law.freeadvice.com/criminal-law/violent_crimes/assault_battery.htm