The Difference Between Assault and Battery
What Every TV Judge Should Read, and You Should Know
These are crimes of actual or proposed violence and although the punishments may vary slightly from state to state these are the regularly accepted definitions.
Suppose you and your buddy Bob are having an argument. Suddenly Bob says to you: "I'm gonna beat the dog crap outta you!" This constitutes Terroristic Threats. (The spoken, or otherwise communicated, threat of the use of force.) It is a crime, which means the police can arrest him whether you press charges or not, and can be a misdemeanor or a felony.
You get mad and, instead of walking away and calling the police as the law says to do, you swing on him, but don't hit him. This constitutes assault. (The display of force which could result in the touching a person in an unlawful or demeaning manner.) It, too, is a crime and can be a misdemeanor or felony.
Bob decides you were going to hit him, and picks up a two by four and shakes it at you, or even swings at you without hitting you. This constitutes assault with a dangerous or deadly weapon. This, also, is a crime and is generally a felony.
Instead of walking away and calling the police, you deck Bob with a right hook (or another two by four or other object.) This constitutes battery. (The wrongful contact with a person without his consent that entails injury or offence.) This is a crime and generally a felony and is also a tort, which means Bob can sue you for damages.
Just then, Donna walks up to see what's going on, and you put your hand or her rear. If she didn't ask you to do that, and it offends her that you did it, that also can constitute battery.
Other degrees of assault are:
? Assault with intent to commit manslaughter. (Not meaning to kill but could have.) This is a felony.
? Assault with intent to commit murder. (Would have killed him if someone hadn't pulled you off him.) Also a felony.
? Assault with intent to commit rape. This is a felony.
? Sexual Assault. (Such as to a minor or anyone who doesn't want to be or shouldn't be sexually contacted.) This is a felony.
What about self defense? The law is fairly clear on this. If you can't get away from your attacker or your attacker is hitting someone like your wife or kid, then it's self-defense.
Here's the rub. You have to prove the element that makes it self-defense. The police can arrest you and detain you until the District Attorney and your lawyer can straighten it out. Even then, if you used excessive force and killed your attacker, rather than just subdue him, you could very well face murder charges, or manslaughter at the least.
Published by David Marsh
Semi-retired Judge. Former Navy JAG. View profile
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5 Comments
Post a CommentI was assaulted by some that I use to date for about 6 mths. I went to his house to tell him goodbye as I texted him that I was coming. This is a man that didn't want to say goodbye but I wanted closure. I pulled up in his driveway, he came out and said something and then went back inside. I didn't hear what he said. I went to his door knocked and told him I was here to say goodbye. I heard him say just go home. I proceeded to knock on the door because I wanted to look him in the eyes for him to know it was ove rand hear him say goodbye. He opened the door I walked in as I saw a girl get up. I asked who in the h is that. I knew i was right all along. I had been asking him was there another woman..the pieces just didn't fit. He was pushing on me and then knocked me down as I was trying to see who she was. He knocked me down..and proceeded to pound on me so his girlfriend wouldn't hear what I had to say. I was trying to fight back scratching and hitting back. His girlfriend said she wa
Is it assault requires only the expectation of contact;battery requires contact? or the other way around
I never knew what battery and assault means until one of my friend was arrested for battery and was jailed for 3 months.
I am saying that we have to be careful in whatever we do in other not to involve in either of the two above.
I was wondering if running after someone without touching them is an act of assault? The person took a photograph of me and I went after him and I demanded the camera and the picture. He grabbed me by both wrists and squeezed them hard. I broke free and I put my hands down to the side of my legs. The guy doubled up both fist and said I am going to punch you in the face. I ducked down and he made a move towards me to hit me and I came up with my right fist and I got him in the shoulder. He acted like he wanted to hit me again and I grabbed a hold of his shirt and I held him back to keep from hitting me.I was arrested for assault for just by chasing him. When in fact he was the one who touched me and bruised my wrists and the police wouldn't take pictures of the wrist. The guy had been hounding me for months.
I just saw an episode on "Cops" where a guy was doused with flour and eggs by his wife and the cops said they couldn't make her leave the house, (they didn't make him aware that he could have charged her with assault). Later, she called tem back after accusing the guy with hitting her. No proof needed, they hauled the guy to jail. What a rip!