Difference Between Assault And Battery

Share This Post

What Is Grievous Bodily Harm

What is the difference between assault and battery?

Going further, if the attack is particularly violent, premeditated or involves a weapon such as a knife, the attack would be classified as Grievous Bodily Harm or GBH instead.

As with assault and battery, the punishment handed down depends entirely on the circumstances and how severe the injuries are sustained by the victim.

It is also judged whether the perpetrator intended to attack the victim or whether the attack was self-defence or even an accident while involved in a scuffle with many other people.

A section 20 offence is usually the lighter offence and concludes the attack was not intentional, with a maximum sentence of five years. However, a section 18 offence of GBH would be an intentional crime that causes severe injuries but not death.

This can carry a maximum sentence of life imprisonment as the injuries can often be life-changing for the victim.

Assault And Battery Lawyer In Champaign

Assault and battery can cause harm, but when either becomes aggressive, they can cause catastrophic injuries. Victims can suffer emotional pain and suffering that require counseling and treatment.

If you experienced assault or battery in Champaign County, Illinois, its important to discuss your case with a personal injury lawyer and explore your legal options. The law offices of Nessler & Associates can help you recover compensation if you have suffered physical or emotional harm.

What The Lawsuit States

The allegations in Mondayâs lawsuit mirror longstanding accusations against Cosby, the 85-year-old comedian and actor once known as âAmericaâs Dadâ for his public persona as an upstanding father figure.

According to the suit, Cosby drugged and raped Bernard, who played Mrs. Minifield on âThe Cosby Show,â in New Jersey and Nevada in 1990 and at his Manhattan home in 1991. Bernard has previously spoken out about Cosbyâs alleged abuse and spoke on the steps outside the courthouse at his criminal trials.

Tirl, who had a small role as a police officer on âThe Cosby Show,â alleges that Cosby inappropriately touched her without consent in his dressing room in 1989. She also alleges that Cosby said he âownedâ NBC, the lawsuit states.

Gittens alleges Cosby invited her to his Manhattan home in 1989 or 1990 to discuss working on âThe Cosby Showâ but then drugged her and sexually assaulted her.

Thompson alleges Cosby made her inappropriately touch him without her consent at his Manhattan home in 1988 when she was 18. Ladd alleges Cosby drugged her and raped her in 1969.

In 2014 and 2015, more than 50 women came forward with similar allegations that he gave them drugs to incapacitate them, assaulted them and then used his wealth and stature in the entertainment industry to pressure them to remain silent.

    In:

Recommended Reading: Honda Hrv Key Fob Battery

Consultwith Mass Tsang For Your Ontario Assault Defence

Thecriminal trial lawyers atMass Tsang are dedicated to securing the most favourable outcomepossible for every Toronto-area client it represents in an assaultcase. This dedication has helped Mass Tsang lawyers successfullydefend thousands of Toronto-area assault cases. If you or someone youknow has been chargedwith assault in the GTA contact the experienced MassTsang lawyers today for a free consultation.

Elements Of The Crime Of Assault Are:

Difference Between Sexual Assault and Sexual Battery
  • An act intended to create harm: to prove the crime of assault then the persons behaviour must be motivated to create a situation of fear or danger in the victims mind. Accident acts do not include allegations of assault.
  • A reasonable apprehension: the person must indicate and the victim must believe that the persons conduct will harm me and he has the intention to cause it. The victim has reasonable circumstances and the accused action is showing that he will cause harm then assault has taken place.
  • Imminent harm must be there: there should be prima facia to do that harm. If a person showing a gesture to cause harm to another person then it should be immediate and cause a reasonable apprehension in the mind of any prudent person.
  • R v. Constanza in this case the defendant uses the word will show the gesture it may harm her, he used to follow her, send her letter and write offense words on the door. The court overruled the judgement of R v. Meade and Belt and held that the word which is used by the defendant is offensive and does commit an assault.

    Hopper v. Reeve

    If a person is about to sit on a chair and the chair is pulled, there is an assault as long as he takes to fall to the ground. The moment he makes contact with the ground, it will become a battery.

    Recommended Reading: Adt Panel Battery Dead/miss

    What Is The Difference Between Assault And Battery In Florida

    Assault and battery are separate and distinct offenses that can result either in misdemeanor or felony charges. Since these terms are often heard together, many people are unclear of the difference between assault and battery in Florida.

    In Florida, the difference between assault and battery lies in the absence or presence of physical contact. Assault is a verbal or physical threat of harming another. Battery occurs when either a person causes bodily harm to another or intentionally makes physical contact against the other persons will.

    Even though assault and battery are often confused, these are separate offenses that can result in different penalties and charges. Since these crimes are handled differently, its important to understand how Florida law defines these offenses and what the possible consequences are for each charge.

    What Is Aggravated Assault

    Florida Statute § 784.021 defines aggravated assault as a severe form of simple assault. While simple assault primarily entails threatening to verbally or physically harm someone, aggravated assault involves an apparent ability to carry out the threat.

    Suppose you threaten to shoot your neighbor for parking their car in your spot. That is considered simple assault. Nonetheless, threatening your neighbor while holding a gun is considered aggravated assault. Thus, aggravated assault charges primarily rely on the circumstances of the crime.

    Under Florida law, aggravated assault involves the use of a deadly weapon with the intent to commit murder or a felony. Its generally a third-degree felony but can get prosecuted as a second-degree felony if it involves special victims.

    Recommended Reading: Audi E Tron Battery Replacement Cost

    The Law On Assault And Battery

    ByMark Catanzaro

    Although assault and battery charges are often linked, in the state of New Jersey, they are two different crimes. As the two charges go hand-in-hand, it is important to know the differences between the two, and why battery charges will lead to assault charges, but not the other way around.

    The Offences Of Common Assault And Battery

    The Difference Between Assault & Battery | Oakland Assault and Battery Lawyers

    Technically, the offences of assault and battery are separate summary offences. An assault is committed when the defendant intentionally or recklessly causes another to apprehend immediate and unlawful violence and battery is committed when a defendant intentionally or recklessly inflicts unlawful force. Although battery may follow an assault that is not always the case.

    Common assault and battery can only be tried in the magistrates’ court, unless the attack is racially motivated, in which cases the offences can be tried in the magistrates’ court or Crown Court by virtue of the Crime and Disorder Act 1998 . See Racially or religiously aggravated assault below.

    In proceedings for common assault or battery, where the alleged behaviour of the accused amounts to domestic violence, and the complainant has:

  • made a witness statement with a view to its possible admission as evidence in the proceedings, and provided the statement to a police constable, or a person authorised by a police constable to receive the statement, or

  • been interviewed by a police constable, or a person authorised by a police constable to interview the complainant, and a video recording of the interview has been made with a view to its possible admission as the complainants evidence in chief in the proceedings

  • Proceedings may be commenced any time within two years from the

    Also Check: Flawless Facial Hair Remover Battery

    Development Of Legal Strategy

    The offender may have criminal defense lawyers who may come up with possible arguments to clear their name. They can assert that there was no reasonable apprehension that an assault was about to happen or that you gave consent before the battery attack.

    Our knowledge of the law and courtroom proceedings enables us to anticipate their arguments and plan for every possible outcome. We can refute the criminal defense attorneys statements using the evidence gathered during our investigation.

    What Are The Different Types Of Assault

    There are several forms that an assault charge can take, though each has its own particular elements that need to be present. In Colorado there are:

    Third-Degree Assault: A third-degree assault is a class 1 misdemeanor and is unique among the various assault charges because it isnt a felony. It also tends not to have any battery involved as third-degree assaults are for minor altercations where there was no real physical harm, such as when somebody pushes another person.

    Second-Degree Assault: Assault of the second degree most often occurs when a deadly weapon is introduced into the equation. This is a felony charge and it almost always involves causing some form of harm, and therefore battery.

    First-Degree Assault: First-degree assault is a very serious charge. It occurs when you commit or intend to commit serious bodily injury to another person. If the victim is disfigured because of the act or have a limb or organ destroyed, it falls under first-degree assault. If there is a high risk of death from the assault, it also falls under first-degree.

    Vehicular Assault: This is an assault in which a vehicle is used as a weapon. This can be an intentional act, though an intentional assault with a vehicle is often charged as a first-degree assault because of the high risk of death associated with being struck by a vehicle. But if you are under the effects of drugs or alcohol and strike an individual then this also can be charged as vehicular assault.

    Don’t Miss: 100 Watt Solar Panel Kit With Battery And Inverter

    You Will Need Personalized Legal Advice

    Youve been reading a basic introduction to the assault and battery laws in Virginia, but every case and every defendant is unique, so if you are charged with one of these crimes, you will require sound, personalized guidance and legal advice.

    An effective defense strategy is essential, but the success of a defense strategy in an assault or battery case also requires the experience and legal knowledge of a talented Virginia defense attorney who will fight aggressively for the truth and for justice on a defendants behalf.

    The Difference Between Assault And Battery In Illinois

    Assault and Battery Attorneys In Northville

    Assault and battery are two terms that are commonly used as synonyms for one another in everyday conversation. In the legal world, assault and battery are two separate criminal offenses that have different definitions and carry different sets of punishments for committing them. In Illinois, assault and battery crimes are taken seriously and can be either a misdemeanor or felony charge, depending on the circumstances. Punishments can range from probation to prison time, which is why it is important to seek legal counsel if you have been charged with either crime.

    Assault

    In Illinois, assault is defined as any action that puts another person in reasonable apprehension of being physically hurt, Reasonable apprehension refers to the way the majority of people or a reasonable person would react to such actions. Basic assault is a Class C misdemeanor, which means you can face $75 to $1,500 in fines, up to 30 days in prison or up to two years of probation. Unless you are sentenced to jail time, you will also have to serve between 30 and 120 hours of community service.

    Battery

    Battery occurs when a person causes physical harm or makes physical contact of an insulting or provoking nature to another person. Battery is a Class A misdemeanor, which carries punishments of up to $2,500 in fines, up to one year in prison and up to two years of probation.

    Contact Our Will County Assault and Battery Defense Lawyers Today

    Don’t Miss: Chevy Volt 12v Battery Replacement

    What Is Assault And Battery

    The separate offenses of assault charges and battery charges are often combined into assault and battery. This is not meant to combine the offenses into one instead, it is used to describe an incident in which these two distinct crimes occurred together. More specifically, in the act of violence, assault refers to the portion of the incident which caused the victim to apprehend their imminent harm.

    The battery portion of the incident describes the actual act that caused the physical damage. This is why it is important to understand that on its own, an assault charge is a separate crime that is based on the victims apprehension of imminent danger. To be accused of assault, you do not need to have actually caused physical harm to the person. In contrast, a person must have actually inflicted physical harm to be accused of battery or charged with assault and battery.

    No related posts.

    What Is The Definition Of Assault And Battery

    Historically, battery and assault were considered separate crimes, with battery requiring that the aggressor physically strike or offensively touch the victim. In that way, a battery was a “completed” assault. Many modern statutes don’t bother to distinguish between the two crimes, as evidenced by the fact that the phrase “assault and battery” has become as common as “salt and pepper.” These days, statutes often refer to crimes of actual physical violence as assaults.

    You May Like: 2015 Chevy Traverse Battery Location

    Assault And Battery Penalties

    Federally, simple assault starts as a misdemeanor with a possible fine and jail time up to six months. If the victim is a minor, however, jail time can reach a year. An assault involving striking, wounding, or beating comes with a fine and up to a year in jail. The next level of assault from here is a felony. When causing substantial bodily harm to a spouse or partner, as well as to a minor under 16 years old, prison time can reach five years, along with a possible fine. If attempting to or succeeding in strangling or suffocating a partner, that sentence can reach ten years. Also with ten years imprisonment is assault resulting in serious bodily injury, assault with a deadly weapon with intent to do bodily harm, and assault with the intent to also commit a felony. If that felony is murder or sexual assault, however, that prison sentence can reach 20 years.

    Other penalties that may come with assault and battery charges can include probation, community service, rehabilitation, restraining orders, and loss of parental rights. Additionally a felony charge can remain on ones record for years, coming up on background checks and making it difficult to obtain employment, housing, and more.

    Assault & Battery Examples

    The Difference Between Assault and Battery

    There are many different examples of assaults and batteries that I either studied in law school, prosecuted, or litigated as a criminal defense attorney over the past 15 years.

    A common example is when two people get into a fight. As long as the two people are not household members under the statute , then a fight can be an example of assault and battery. Road rage is another example, depending on the severity of the injuries of the victim.

    Here is another example: if someone is working at a nursing home facility, and they throw something at a patient at the facility, this could be Assault and Battery however, if this was simply an accident and the person charged with assault and battery did not have the requisite intent to harm the victim, the state may have a harder case to prove.

    Some other examples of assault and battery could be if someone knocks a phone out of the victims hand on purpose. If an aunt hits their niece without permission. Assault and Battery could include pistol whipping someone, pointing a gun at someone, directly or indirectly threatening someone . The list goes on of the different types of assault and battery.

    Don’t Miss: Honda Car Key Battery Replacement

    States Vary In Their Definitions And Penalties For The Crimes Of Assault Assault And Battery And Aggravated Assault

    The crimes of assault, assault and battery, and aggravated assault all involve intentional harm inflicted on one person by another. Any crime involving a physical attack is usually classified as an assault, a battery, or both. Depending on the seriousness of the attack , these acts can rise to the level of aggravated assault. And more than one-sided attacks can constitute assault. Fighting can lead to an assault charge, even when two people have mutually agreed to fight.

    Read on to learn how the law defines and penalizes assault, assault and battery, and aggravated assault crimes.

    What Are The Penalties For Assault And Battery Convictions

    Listed here are the penalties that may be imposed for convictions on the most common assault and battery charges in Virginia:

  • Simple assault, domestic assault, and assault as a hate crime are considered Class 1 misdemeanors. A conviction for any of these assault charges may be punished with up to twelve months in jail and with a fine of up to $2,500.
  • Assaulting a police officer or another protected person, unlawful wounding, and strangulation are Class 6 felonies. So is battery as a hate crime. Convictions for any of these charges may be punished with up to five years in prison and a fine of up to $2,500, with a mandatory minimum sentence of six months incarceration.
  • A conviction for malicious wounding, a Class 3 felony, may be punished by a term of imprisonment of not less than five years nor more than twenty years and a fine of not more than $100,000. If the victim was a protected government employee, a sentence of up to thirty years in prison may be imposed.
  • When a victim suffers significant and permanent physical impairment or involuntarily miscarries a pregnancy, the charge is aggravated malicious wounding, a Class 2 felony. A conviction may be punished with twenty years to life in prison and a fine of $100,000.
  • Also Check: Cordless Drill With Battery And Charger

    Related Posts