Elements Of Assault And Battery
Battery and assault are two different type of crime and have different set of punishments in the court of law. Assault is a kind of crime or violence that is meted out against another person. For example, when one person attacks one more person with intent to harm, it is called as an assault. It may be a result of a verbal argument or even a planned offense. |
In several countries, it is considered as an offense where the perpetrator causes a harmful contact with the other person. The result of an assault need not be violent or caused injuries but if the person has escaped even minor injuries then it is called an assault. An assault is always caused by a person who is more violent and powerful the other. The victim is usually weaker and also in a defending position. As a result of protecting themselves the victim may try to harm the perpetrator.
In the case of a battery, unlike an assault, there is no need for contact and physical violence. In the case of a battery, a person or a group of people just use their force to force another person. It is called threatening in other words, and it is always done on the sly. Anytime when an unlawful contact with another person occurs it can be a felony, misdemeanor or even battery. Battery is an act where the perpetrator touches another person unlawfully, and the punishment is always decided by the severances of the battery.
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An assault is an act of attacking another person and the result need not necessarily be a harmful one. An assault whether it was a harmful one or not is still a felony or a misdemeanor. However, when it comes to legal cases such as this, even a simple case of assault can be downgraded and it can become severe in nature. You may need an attorney when you have been charged with assault because you never know when things can get worse.