Legal Dictionary Assault And Battery
If you have been in a situation where you feared for your safety or were injured by another, you may have grounds for a civil tort case under the theories of assault or battery or both.
The definitions for assault vary from state-to-state, but assault is often defined as an attempt to injure to someone else, and in some circumstances can include threats or threatening behavior against others. One common definition would be an intentional attempt, using violence or force, to injure or harm another person. Another straightforward way that assault is sometimes defined is as an attempted battery. Indeed, generally the main distinction between an assault and a battery is that no contact is necessary for an assault, whereas an offensive or illegal contact must occur for a battery.
Even though contact is not generally necessary for an assault offense, a conviction for assault still requires a criminal "act" (act that would put the person in fear for their safety).
In order commit an assault an individual need only have "general intent" (offender intended the actions which make up an assault).
Although the statutes defining battery will vary by jurisdiction, a typical definition for battery is the intentional offensive or harmful touching of another person without their consent. Under this general definition, a battery offense requires all of the following:
- intentional touching;
- the touching must be harmful or offensive;
- no consent from the victim.
Battery generally does not require any intent to harm the victim (although such intent often exists in battery cases). Instead, a person need only have an intent to contact or cause contact with an individual.
The criminal act required for battery boils down to an offensive or harmful contact. This can range anywhere from the obvious battery where a physical attack such as a punch or kick is involved, to even minimal contact in some cases. Generally, a victim doesn't need to be injured or harmed for a battery to have occurred, so long as an offensive contact is involved. In a classic example, spitting on an individual doesn't physically injure them, but it nonetheless can constitute offensive contact sufficient for a battery.
Is Assault And Battery A Criminal Offence?
Yes it is. The nonconsensual physical contact need not inflict physical injury and it can be indirect, such as throwing a stone. These offenses have serious legal consequences:- A permanent criminal record
- Jail time, probation or parole depending on the seriousness of the crime
- Hefty fines
- Loss of right to carry fire arms
- The severity of the crime
- The attitude of the court toward this type of crime
- Prior convictions of the accused
- If a weapon is used or not
Liabilities Toward The Victims Of An Assault and/or Battery
The victim of this offense has the legal right to claim monetary compensation, depending on the type of injury they incurred. It is important to remember though that the victims do not need to prove any injuries or damages to hold the defendant liable for battery. However, if the victim suffered from physical injuries, he/she has the legal right to be compensated. The defendant will be forced to pay the victim in case of:- Physical injuries
- Medical expenses
- Prescription drugs
- Absences from work
If you have been the victim of an assault and/or battery or you know someone that has been accused it is best to seek the legal services of a criminal defense attorney.