How Different Jurisdictions Define Assault And Battery

Degrees of assault and battery differ according to jurisdictions but the assault lawyer frequently uses mutual consent as the most common defense. Mutual consent can mean that both parties have agreed that the situation was not a one-sided attack. Sometimes, the defense uses self-defense or defense of a property.

Some jurisdictions define assault as threat of bodily harm that causes a reasonable amount of fear or harm on a victim. On the other hand, battery means actual physical impact on another person. There are instances when the victim was not actually touched but only threatened which means that the crime is assault. If the victim has been touched or harmed in a painful or violent manner, it can be considered as battery. The touch whether minor can be classified as battery if it is painful, harmful or offensive to the victim.

Other jurisdictions consider assault and battery as one offense. If someone has committed battery, there is often intent to harm or threaten a person before the physical act is committed. Battery has different degrees, first, second and third and each degree describes the seriousness of the crime.

The broader definition of assault is intentional physical contact to an individual without his consent. In some jurisdictions, the definition of assault includes the definition of battery. However, when there is a separate definition for assault and battery, the range of punishment will depend on the degree of assault.

The harshest punishment is meted on first degree assault because it includes bodily harm and serious indifference to the value of a person’s life. It can also be called as aggravated assault that includes the use of a deadly weapon. Second degree assault differs from first degree assault in intent. The lightest punishment is given to third degree assault because there is only an attempt to injure a person or when injured it is not physically.

A number of high profile assault cases have been handled successfully by assault lawyer particularly those resulting from disputes. There are situations when the victim impulsively calls the police even if there are no plans to make a complaint. The police will still pursue the charges because it is their job.

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