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Calliopenjo
09-23-2008, 11:21 PM
Hi there,

What is the legal definition for Assault & Battery? What would be the consequences if someone was arrested and charged? :guns:

Kitty Pryde
09-23-2008, 11:42 PM
I reckon it depends what type and what happened, and what state it happened in! There's assault, sexual assault, domestic assault, etc, and often different grades of it. In general assault is the non-contact threat of violence, and battery is actual physical contact. So screaming at someone and/or raising your fists at them is assault. Something as simple as poking them in the chest can be considered battery, if done in a threatening way.

Maybe tell us what your character did and where and you could get a more specific answer.

vixey
09-23-2008, 11:47 PM
Found this with a google search for 'legal dictionary.' But it does matter what state you're story is in.

http://dictionary.law.com/

Calliopenjo
09-24-2008, 01:37 AM
Thanks guys! :Hug2:

j.s.cutler
09-24-2008, 03:42 AM
Generally speaking under common law the battery is the actual touching, the assault is putting someone in fear of the battery.

Thus if I raise my fist and then hit you I've committed and assault and battery. If I hit you from behind it's just a battery. If I start to hit you and stop it's just an assault.

State laws have codified this and handle it differently. Most times you see them lumped together as a single charge (A&B).

Rabe
09-26-2008, 06:40 AM
Generally speaking under common law the battery is the actual touching, the assault is putting someone in fear of the battery.

Thus if I raise my fist and then hit you I've committed and assault and battery.

Not in Nevada. You've committed battery because you didn't put a reasonable fear of bodily injury into the person, you caused bodily injury.

Now, if you were to raise a baseball bat and hold it in such a way as to make the person believe they were to be hit with it and then you drop the bat to hit the guy you would have committed both.

In Nevada there is two different standards for assault and battery. One has a 'reasonable person' standard and the other doesn't - mainly because getting hit would be reasonable in and of itself without the need to determine if a reasonable person would be afraid of the injury. However, both have to have some sort of intent behind them.

Rabe...

ideagirl
09-26-2008, 05:31 PM
Not in Nevada. You've committed battery because you didn't put a reasonable fear of bodily injury into the person, you caused bodily injury.

Well, he did both, but yeah, generally if the perp actually hits the person, then from a legal perspective the "assault" (making the target fear being hit) and the "battery" (hitting the target) merge into one single crime. Although some states still refer to that crime as "assault and battery."

There's also aggravated assault (e.g. pointing a gun at someone or threatening them with some other weapon--knife, bat etc.) and aggravated battery.

Rabe
09-27-2008, 07:46 AM
There's also aggravated assault (e.g. pointing a gun at someone or threatening them with some other weapon--knife, bat etc.) and aggravated battery.

We're not so imaginative here...we call it assault/battery with a deadly weapon (or some other of the various forms of battery/asault). We save 'aggravated' for things like 'stalking' and the such.

I have heard of other places where assault is actually our battery and they don't actually have 'battery'.

Rabe...

ajkjd01
09-29-2008, 07:43 PM
Generally speaking under common law the battery is the actual touching, the assault is putting someone in fear of the battery.

Thus if I raise my fist and then hit you I've committed and assault and battery. If I hit you from behind it's just a battery. If I start to hit you and stop it's just an assault.

State laws have codified this and handle it differently. Most times you see them lumped together as a single charge (A&B).

And in Ohio criminal law, the actual touching is asault, and there's no such thing as battery. And the consequences depend on who you hit and how badly you hurt them.

RJK
09-29-2008, 08:27 PM
In New York, we don't have Battery. Assault is striking an individual AND causing physical injury.

Brandishing or threatening a person with a weapon so as to cause the other person to feel fear, is called Menacing.

Striking a person and NOT causing physical injury comes under Harrassment.

You can go here (http://ypdcrime.com/penal.law/index.htm) to see the actual NYS Penal Laws