DIFFERENCE BETWEEN ASSAULT AND BATTERY
While the basic difference between assault and battery is based on actual physical contact, there are also other important distinctions between these two offenses.
DIFFERENCE BETWEEN ASSAULT AND BATTERY
While the basic difference between assault and battery is based on actual physical contact, there are also other important distinctions between these two offenses.
Assault refers to the perceived threat of harmful contact by another person. It is sometimes referred to as "attempted battery" however assault does not take into account the actual physical contact that occurs between two people. Physical contact would be considered as battery, while assault is based on the perceptions of the victim and the fear or threat of harm felt by him/her as a result of the words and/or actions of another person
Assault and battery are common offenses, as disagreements between two people can turn heated. While assault is generally a misdemeanor, both assault and battery can be either a misdemeanor or felony, depending on the severity of the threat of physical harm done.
BATTERY
Battery requires physical contact between two people, also commonly referred to as unlawful touching. When considering the legal implications, the intent of the physical contact can be considered. A distinction is often made between purposely or knowingly causing harm. This takes into account whether the physical contact was intentional, accidental, or perhaps the result of negligence. The amount of harm done can also be a factor in states determining whether or not to pursue criminal charges. Finally, the consent of the victim will be a factor in battery cases. If the victim willingly puts him or herself in a position where they knowingly could receive bodily harm, there may not be a case for a battery charge. One person physically striking another with their fists would be an example of battery. A person hitting another with an object or spitting on them would be another.
Battery is unlawful touching or physical contact. It occurs when the defendant, or person who committed the act, touches the other person without consent. The physical contact must be harmful or offensive in nature. This can be actual physical contact between the two individuals or instrumental contact where the defendant touches the victim by striking them with an object, with a thrown object, with a vehicle, with a substance, etc. What is required is that physical contact actually occurs.
ASSAULT
Assault refers to the perceived threat of harmful contact by another person. It is sometimes referred to as "attempted battery" however assault does not take into account the actual physical contact that occurs between two people. Physical contact would be considered as battery, while assault is based on the perceptions of the victim and the fear or threat of harm felt by him/her as a result of the words and/or actions of another person.
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.
NB: This article is not a legal advice, and under no circumstance should you take it as such. All information provided are for general purpose only. For information, please contact chamanlawfirm@gmail.com
WRITTEN BY CHAMAN LAW FIRM TEAM
EMAIL: chamanlawfirm@gmail.com
TEL: 08065553671, 08024230080