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Assault And Battery

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Overview (Back to Top)

Assault And Battery

CRIMINAL 

 

Assault And Battery 

 

Assault and battery are severe crimes that are defined by causing harm to an individual. Depending on the state, battery and assault can be defined as different crimes. However, recent laws have categorized the two as one crime. There are different levels of assault and battery including aggravated assault or battery if the crime is severe. 
 

Assault 
 

Assault can be defined as an intentional act that places a person in harms way. Threat of harm is also included in assault. In some cases of assault, you may be charged with “attempted assault or battery” since an act did not physically happen, but it was verbalized. Assault is intentional and is not looked at in a court of law as accidental. 

Verbalization does not simply constitute an act of assault. There must be a secondary action that is taken for a threat of harm to be in place. This can include raising hands or fists, approaching someone in an aggressive manner, or physically touching an individual. If an individual has a “reputation” for being a bad or hurtful person, simply walking by that individual is not assault. That person must take a direct action to you or someone else for it to be considered assault.  

 

What Is Battery? 

 

Battery is non consensual touching another person in an intentionally offensive or harmful way. The difference between assault and battery is the threatening of harm versus its completion. Thus, they are often charged together. To constitute battery, the perpetrator must have been acting with criminal negligence or intended to commit the act. 

 
 

Battery does not require any severe injury or trauma of the victim. Any type of touching considered by the victim to be harmful or offensive can constitute battery. The defendant, however, will not be held liable for any contact deemed offensive only because of extreme sensitivity of the victim. 
 

When does Assault and Battery become Aggravated? 

 

If the defendant’s behavior is particularly offensive, they may be charged with the more serious crime of aggravated assault or battery. The classification of aggravated assault or battery may vary by state, but generally applies to behavior that is found inappropriate and offensive by society. It may apply if there is use of a deadly weapon or if the victim is especially vulnerable, such as if they are elderly or pregnant. If the crime results in serious injury or trauma, the term aggravated may also apply. If there is a possibility that the defendant’s actions could have led to the victim’s death, the charge may be elevated to attempted murder or manslaughter. 
 

 

FAQs 

What is the difference between a threat and intimidation? 

In a court of law, a threat can mean the same thing as intimidation. However, threats are considered less severe and more of a mild situation. Sometimes, a threat can become severe and be considered intimidation if serious terror is caused to the victim. 

What is the difference between assault and aggravated assault? 

Depending on the severity of the crime, assault and be simple or aggravated. The injury of the individual also plays a factor in the definition. The intention of the crime is important in determining assault if the intention is to cause severe injury to another person. 

Placing a restraining order on an individual with a battery charge 

In-order to place a restraining order on an individual, you must go to court and present the assault case to a judge. Once the proper forms are compiled, local courts can process the restraining order. We recommend you utilize one of our attorneys to assist you during your court appearance. The restraining order may be granted immediately if you are in imminent danger of attack. 

 

How long will my restraining order last? 

The restraining order usually lasts 3 weeks or more. Once the order is shown to the defendant, it is valid. The judge will determine when and where the restraining order will be granted. Some orders can take up to five years to be granted depending on the situation. 

 

What Constitutes Third-Degree Assault? 

Third degree assault occurs when an individual assaults someone with a deadly weapon with the intent of and causing extreme physical harm leading to death. 

What Is the Definition of Physical Assault? 

The act is considered a physical assault if an individual assaults someone with the result of injury and/or death. 

 

Is There A Federal Definition Of Assault? 

There is not a specific federal law that defines assault, as these charges are usually brought forth in a state court. 

  

What Is Considered Assault In The Workplace? 

Any physical or verbal violence that occurs in the workplace is considered assault in the workplace. These assaults can take place at a temporary or permanent work location, and they can be directed towards customers, other employees, or passerby. 

 
 
 
 

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Assault And Battery

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