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Feb 23, 2017

What is Assault and Battery?

Assault and battery charges differ in each state. With that being said, in general, assault and battery is committed in the following situations.

First, assault and battery includes someone trying to do something physical to strike or touch another person. Second, assault and battery includes someone committing an act of threat to scare another person who might then fear immediate harm.

Aside from general assault and battery, there is also something called aggravated assault and battery. Aggravated assault and battery tends to be more violent and cause more harm to the victim. For example, someone may be prosecuted for aggravated assault or battery if they cause more severe injuries to another person or if they use a deadly weapon to cause severe injury.

Both of the scenarios listed above are deemed criminal laws. But in some cases, assaults and batteries may be pursued by the state as civil laws. Below, we will go into detail about the exact definitions and requirements of both assault and battery.

What is the definition of assault?

Again, each state has a different definition of assault. But in general, assault means an attempt to hurt another person. In some cases, this can include threatening behavior and outright threats against someone else. One could also say that assault refers to an attempt at battery. This means that for assault charges to actually be brought to court, it is not necessary for actual contact to occur. A simple threat or attempt at battery will suffice to bring a case to court.

What is the definition of battery?

Once again, each state has different definitions of battery, and each jurisdiction within the state may have different statutes defining what battery is as well. Typically, however, battery is looked at as the actual touching of another person that is intentional, harmful or offensive. In addition, this intentional, harmful or offensive touching is done without the consent of the other person.

More particularly, there are three principles that will lead to a battery charge. First, whatever touching occurs was intentional. Second, the touching that occurs is offensive and harmful. Finally, the victim of the touching had not given consent for the touching.

Some people assume that if a simple battery charge was brought against someone, that person intended to harm the victim. But in fact, many people are surprised to learn that if the charge is only battery and not assault, there is no requirement that the offender intended to harm the person being touched.

What battery essentially boils down to is harmful or offensive contact with another person. Most of the time, this refers to obvious situations where someone physically attacks another person or harms them in some way with a weapon. For example, if someone punched another person or tried to stab them, this would be battery. But even a slight shove, which would be constituted as minimal contact, could be considered battery as well.

There also is no requirement that the victim of the touching was actually seriously injured. For example, it is not a requirement that you show medical records of injury when someone hits you. Simply hitting you would generally be considered battery. With that being said, bringing a case of being shoved to court and you didn’t have serious injuries might not play out as a particularly aggressive contact situation.

The combination of assault and battery

Finally, it is important to note that some jurisdictions in the United States have decided to combine the acts of battery and assault. This has created one single offense of assault and battery. They have done this because as you can see, the two offenses of assault and battery are extremely closely related. Moreover, when someone intends to hurt another person as in an assault case, they may very well hurt the other person, which would be considered battery. In other words, the two go hand-in-hand in these cases most of the time.

If you think that an assault or battery threat or action has occurred against you or a loved one, it’s important that you contact a lawyer to bring a case like this to court. Laws against assault and battery have been established to protect citizens like you.

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Brooklyn

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New York, NY 10005

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Queens

35-37 36th St,
Astoria, NY 11106

Phone

888-977-6335

Brooklyn

195 Montague St.
14th Floor,
Brooklyn, NY 11201

Phone

888-977-6335

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