Define and distinguish between assault and battery. Discuss various justifications providing under the law for the same.

  1. 1.     Introduction:

Although assault and battery are often paired together as one offense, these terms have two different legal meanings and can occur separately.

 An assault refers to an illegal and intentional threat to cause bodily harm to another person. Even if there is no actual contact between the people involved, an assault may still have taken place. For example, if someone points a toy water gun at another person they may be liable for assault even though the “weapon” was only a toy.[1]

Battery refers to the intentional touching of a person against that person’s will. Touching someone else in an offensive or inappropriate way can constitute a battery, even if it does not cause injury. It may include touching with an object, another person, or a substance flung through the air. For example, someone who spits one someone else, or throws a glass of water on someone else, has committed a battery even though no physical injury would likely result from the incident. Similarly, a person who pokes his/her finger into someone else’s chest to accentuate their argument could be guilty of battery.[2]

A typical example of an assault would include a person swerving toward another person with their car, pointing a loaded gun or knife at another person, or holding their fist to someone else’s face. Conversely, a battery implies that there was some sort of contact between those involved. Here is a clear example: If a woman chases her boyfriend around the house with a baseball bat in her hands, it is considered assault. If she catches up to him and hits him with the bat, the charge becomes battery.

The overt behavior of an assault might be Person A advancing upon Person B by chasing after him and swinging a fist toward his head. The overt behavior of battery might be A actually striking B.

  1. 2.     Assault

An assault is carried out by a threat of bodily harm coupled with an apparent, present ability to cause the harm. It is both a crime and a tort[3] and, therefore, may result in either criminal or civil liability. Generally, the common law definition is the same in criminal and Tort Law. There is, however, an additional Criminal Law category of assault consisting of an attempted but unsuccessful Battery.

Statutory definitions of assault in the various jurisdictions throughout the United States are not substantially different from the common-law definition.

Here are the possible penalties based on the degree of assault:[4]

Third Degree Assault First Degree Misdemeanor (M1) Possible 2 Years
Second Degree Assault Fourth Degree Felony (F4) Mandatory 5 Years *
Maximum 8 Years
First Degree Assault Third Degree Felony (F3) Mandatory 10 Years **
Maximum 16 Years

** Unless the court finds Heat of Passion. Some types do not involve mandatory sentencing.
** Unless the court finds Heat of Passion.

Assault in the Third Degree

Third Degree Assault is defined as “knowingly or irresponsibly triggering bodily injury to another individual.” (In rare cases, a different definition is used based on unintentionally causing injury with a deadly weapon.) Notice that there has to be “injury” in order for the charge to be buttressed. However, discomfort, by itself, establishes injury – even if there was no physical damage to the individual assaulted. As shown in the table above, the extreme sentence for this type of assault is two years in the county jail.

Assault in the Second Degree

There are several dissimilar definitions of Second Degree Assault. A individual will be found guilty if a jury believes that the District Attorney has established any one of the following definitions beyond a reasonable:

When defendant:

  1. Purposefully caused bodily damage to another by the use of a deadly weapon.
  2. Irresponsibly caused serious bodily injury to another by the use of a deadly weapon.
  3. Intended to cause any wound, and caused grave injury.
  4. Triggered injury to someone while purposely trying to hamper the police or firefighters.
  5. Meaningfully applied fierce force to (certain) government administrators.
  6. Purposely stoned someone without their permission / knowledge.

Definitions numbered 1 through 4 above are considered to be “Crimes of Violence,” and carry mandatory prison sentences following a conviction. In such cases, the judge must sentence the defendant to at least 5 years in prison for Second Degree Assault.

Assault in the First Degree

There are also several different definitions for First Degree Assault. A Defendant will be convicted if a jury is convinced that any one of the following definitions has been proven by the District Attorney:

The Defendant

  • Intended to cause thoughtful injury, and does in fact cause serious injury.
  • Wished-for to, and in fact did, extremely deface or disable another individual.
  • Acting with “dangerous indifference to the value of human life,” knowingly created a serious risk of death, and by doing so caused grave bodily wound.
  • Endangered a police officer, firefighter, judge, or prison staff with a deadly weapon, and in doing so caused grave injury.

Simple Assault[5]

  • A simple assault is limited to the use of physical force that results in little or no injury to the victim. Simple assault does not include the use or threatened use of a dangerous weapon. Pushing and shoving during an altercation are examples of simple assault, which are defined as disorderly behavior in U.S. law.

Aggravated Assault[6]

  • Aggravated assault is an assault perpetrated during another crime, such as an attack on someone during a robbery or burglary. Perpetrators can be convicted of aggravated assault even if the victim isn’t injured. Someone who fires a gun at someone and misses during a robbery, for example, is guilty of an assault with intent to rob.

 Sexual Assault[7]

  • The federal statute defines two types of sexual assault: sexual abuse and aggravated sexual abuse. Sexual abuse is using fear or threats to engage another person in sexual activity or engaging in a sexual act when the other person makes it clear she doesn’t want to participate or is incapable of declining participation in the sexual activity. Aggravated sexual abuse happens when an assailant uses physical force or threatens someone with physical force in order to engage her in a sexual act.
  1. 3.     Battery[8]

In both criminal and civil law, a battery is the intentional touching of, or application of force to, the body of another person, in a harmful or offensive manner, and without consent. A battery is often confused with an assault, which is merely the act of threatening a battery, or of placing another in fear or apprehension of an impending and immediate battery. A battery is almost always preceded by an assault, which is why the terms are often used transitionally or combined, as in “assault and battery.

  1. 4.     Difference and Similarities

Difference between assault and battery:[9]

  Assault Battery
Justification: Self defense or defense Consent, self defense, defense, necessity
Common Law: Intentional tort Intentional tort (Negligent tort in Australia)
Important aspect: Threat of violence is enough to constitute assault; no physical contact is necessary Physical contact is mandatory
Purpose: To threaten To cause harm
Nature of crime: Not necessarily physical Definitely physical

.Here’s the difference between assault and battery:[10]

  1. When a person threatens (verbally or with body language or in any other way) to bodily harm another person/s, and this threat causes fear or panic in the person being threatened, then such a threat is defined as an assault.
  2. Assault is verbal and/or with intent – a person does not have to say anything to threaten another person, he can move threateningly towards him, and that can be classified as assault. Stalking can be classified as assault. Battery, on the other hand, is physical.
  3. Assault and battery are combined together while judging the offence. There are different degrees to an assault and battery offence..
  4. Punishment for assault and battery is delivered based on its degree. First degree assault & battery receives the harshest punishment while third degree assault & battery receives the lightest punishment.
  1. The major difference between assault and battery is the amount of contact.
  2. A person, who receives punishment of battery, is essentially guilty of assault. On the contrary, the assault crime has no charges of battery.
  3.  It is very easy to prove the offense of battery rather than assault. The reason is that victim can easily prove the physical evidence of battery charge.
  4. The punishment of battery charge against a person is very tough as compared to assault

There are serious consequences for a Criminal Assault and Battery Conviction:[11]

  • It could be on your record for life
  • Imprisonment
  • Probation or parole
  • Anger management classes
  • Significant fines
  • Loss of the right to possess firearms

Likelihood of any of the above consequences depends on the following factors:

  • The severity of the assault and battery
  • Attitude of community and court toward this type of crime
  • Mitigating/aggravating circumstances
  • Prior convictions
  • Whether or not a weapon is used

Possible defenses to an assault and battery charge include:

  • Self defense
  • Defense of others
  • Factual innocence – it wasn’t you
  • Lack of intent, such as an accident
  • Defense of property

 Assault and battery Law – US[12]

Assault is an intentional attempt or threat to inflict injury upon a person, coupled with an apparent, present ability to cause the harm, which creates a reasonable apprehension of bodily harm or offensive contact in another. Assault does not require actual touching or bodily harm to the victim.

Assault and battery are sometimes used interchangeably, but battery is an unjustified harmful or offensive touching of another. Battery also differs from assault in that it does not require the victim to be in apprehension of harm.

The Office on Violence against Women (OVW), a component of the U.S. Department of Justice, provides national leadership in developing the nation’s capacity to reduce violence against women through the implementation of the Violence against Women Act (VAWA).

Assault, Conditional Assault and Aggravated Assault

An assault is classified as either an attempted battery or an intentional frightening of another person; physical contact is not an element of the crime in either of these situations. Many states do not define assault, and some states list it under attempt rather than under assault.

BJS mission: To collect, analyze, publish, and disseminate information on crime, criminal offenders, victims of crime, and the operation of justice systems at all levels of government. These data are critical to Federal, State, and local policymakers in combating crime and ensuring that justice is both efficient and evenhanded.

Assault and battery Law – Europe[13]

An offence of common assault is committed when a person either assaults another person or commits a battery: * An assault is committed when a person intentionally or recklessly causes another to apprehend the immediate infliction of unlawful force.[14] A battery is committed when a person intentionally and recklessly applies unlawful force to another. [15]

Personal Safety & UK Laws

The University of Westminster is a large multicultural institution with many International students. Students should familiarize themselves with the main laws within the UK as they may differ from other countries.

Several similarities and differences with regard to sexual assault legislation exist among the countries in the CEE/FSU region. Like other countries around the world, rape prevention in this region suffers from underreporting. Rapes are underreported for similar reasons as the rest of the world: self-blame, fear of being disbelieved, fear of facing the perpetrator, etc.

Assault and battery Law – International[16]

ACSSA aims to improve access to current information and resources in order to assist those committed to working against sexual assault. ACSSA will help to support and develop strategies that aim to prevent, respond to, and ultimately reduce the incidence of this crime.

Assaults and violence to the person generally: Justification and Excuse

Whoever makes any gesture or any preparation, intending or knowing it to be likely that such gesture or preparation will cause any person present to apprehend that he who makes that gesture or preparation is about to use criminal force to that person, is said to commit an assault. Mere words do not amount to an assault. But the words which a person uses may give to his gestures or preparations such a meaning as may make those gestures or preparations amount to an assault.

Similar to the United States, there are many different ways in which an assault can occur. Generally an assault occurs when a person directly or indirectly applies force intentionally to another person. An assault can also occur when a person attempts to assault another or threatens to do so without the consent of the other person. An injury need not occur for an assault to be committed. The force used must be offensive in nature with an intention to apply force.

Organizations Related to Assault Law

Advocates for Victims of Assault, Inc. is dedicated to the promotion of non-violence through comprehensive, culturally relevant support for trauma survivors, accountability for offenders, and awareness and education in Summit County, Colorado.

The National Center for Victims of Crime is the nation’s leading resource and advocacy organization for crime victims and those who serve them. Since its inception in 1985, the National Center has worked with grassroots organizations and criminal justice agencies throughout the United States serving millions of crime victims.

The Rape, Abuse & Incest National Network is the nation’s largest anti-sexual assault organization. RAINN operates the National Sexual Assault Hotline at 1.800.656.HOPE and the National Sexual Assault Online Hotline at rainn.org, and publicizes the hotline’s free, confidential services; educates the public about sexual assault; and leads national efforts to prevent sexual assault, improve services to victims and ensure that rapists are brought to justice.

SAVAS is dedicated to survivors of sexual assault, and to ending sexual assault in our community. We provide a safe environment in order to encourage survivors of rape and sexual abuse to come forward. We are pledged to return to these survivors the power of making their own decisions to helping them contribute to their own recovery. To this end, SAVAS advocates for survivors and their loved ones and works to educate the community on childhood sexual abuse and rape.

VictimLaw has been designed as a comprehensive, user-friendly, on-line database of victims’ rights statutes, tribal laws, constitutional amendments, court rules, administrative code provisions, and case summaries of related court decisions that meets the needs of a wide variety of users with different levels of substantive and technological expertise. Such ready access to information can advance the cause of crime victims’ rights by facilitating the exercise, implementation, and enforcement of those rights.

Recommendation:

Different law for assault and battery prevails in different countries. There is not even a certain definition for these two. It differs from country to country. So the trial, procedures of law, punishments everything depends on the country specific laws. So it is important to know want a country’s law says about battery and assault before executing any law or taking any step. What a crime in one country may not be the same for another country. So country specific rules are important. There may be different definition of assault and battery. What a conservative orthodox country mean by assault may not be similar in a western country. So the limit of punishments for such crimes are varies. So it is difficult to put a specific accusation on a person if the law is not known.  Study of country specific law is very important to solve such confusions. People should be also aware of this fact and not do anything that a country call assault and battery or else it can turn to a severe crime. People should keep it in mind. Such things should also be published to let people know so that they don’t commit crimes.

  1. 5.     Conclusion:

Assault and battery are a combination of threat and physical harm. The severity of harm caused decides the charge of an assault and battery case. It could either be a misdemeanor or a felony according to common law. The difference between assault and battery lies in the definition of the terms. In legalese, assault is any reasonable threat to a person. The person who is committing the assault does not have to actually touch a person. But a reasonable and immediate threat to the person being assaulted must exist for a claim of assault. Battery, on the other hand, requires contact.

A few things are considered automatic assault without being considered assault and battery. Pointing a gun at someone, or waving a weapon like a knife, or a potential weapon like a baseball bat is assault. At that moment, anyone who is being threatened is being assaulted.

For assault and battery to both be present, one must wave a weapon, or one’s fists, or threaten physical harm, and then commit physical harm. The difference lies in whether the supposed criminal ever touched the victim. As soon as a threat becomes a blow, the crime is then assault and battery.

  1. 6.     Reference:
    1. http://society.ezine9.com/what-is-the-difference-between-assault-and-battery-3a360c3dbd.html
    2. http://www.denvercriminalattorney.com/criminal_charges/assault.html
  1. http://www.ehow.com/info_8475596_types-assault.html
  2. http://injury.findlaw.com/assault-and-battery/battery-basics.html
  3. http://www.diffen.com/difference/Assault_vs_Battery
  4. http://www.knowitsdifference.com/difference-between-assault-and-battery/
  1. http://injury.findlaw.com/assault-and-battery/battery-basics.html
  1. http://www.hg.org/assault.html
  1. www.usgovernmentbenefits.org/hd/index.php?t=assault+laws

[1] Definition of assault: First paragraph:http://society.ezine9.com/what-is-the-difference-between-assault-and-battery-3a360c3dbd.html

[2] Definition of battery: Second paragraph:http://society.ezine9.com/what-is-the-difference-between-assault-and-battery-3a360c3dbd.html

 [5] Types of assaults: http://www.ehow.com/info_8475596_types-assault.html

[6] Types of assaults : http://www.ehow.com/info_8475596_types-assault.html

[7] Types of assaults : http://www.ehow.com/info_8475596_types-assault.html

[8] http://injury.findlaw.com/assault-and-battery/battery-basics.html

[9] http://www.diffen.com/difference/Assault_vs_Battery

[10] http://www.knowitsdifference.com/difference-between-assault-and-battery/

[11] http://www.legalmatch.com/law-library/article/assault-and-battery—criminal.html

[12] US assault and battery law: www.usgovernmentbenefits.org/hd/index.php?t=assault+laws

[13] Law of assault and battery in Europe: http://www.hg.org/assault.html

[14]  (Archbold 19-166 and 19-172)

[15] (Archbold 19-166a and 19-174 to 19-175).

[16] International assault and battery law: http://www.hg.org/assault.html

Define and distinguish between assault and battery. Discuss various justifications providing under the law for the same.

  1. 1.     Introduction:

Although assault and battery are often paired together as one offense, these terms have two different legal meanings and can occur separately.

 An assault refers to an illegal and intentional threat to cause bodily harm to another person. Even if there is no actual contact between the people involved, an assault may still have taken place. For example, if someone points a toy water gun at another person they may be liable for assault even though the “weapon” was only a toy.[1]

Battery refers to the intentional touching of a person against that person’s will. Touching someone else in an offensive or inappropriate way can constitute a battery, even if it does not cause injury. It may include touching with an object, another person, or a substance flung through the air. For example, someone who spits one someone else, or throws a glass of water on someone else, has committed a battery even though no physical injury would likely result from the incident. Similarly, a person who pokes his/her finger into someone else’s chest to accentuate their argument could be guilty of battery.[2]

A typical example of an assault would include a person swerving toward another person with their car, pointing a loaded gun or knife at another person, or holding their fist to someone else’s face. Conversely, a battery implies that there was some sort of contact between those involved. Here is a clear example: If a woman chases her boyfriend around the house with a baseball bat in her hands, it is considered assault. If she catches up to him and hits him with the bat, the charge becomes battery.

The overt behavior of an assault might be Person A advancing upon Person B by chasing after him and swinging a fist toward his head. The overt behavior of battery might be A actually striking B.

  1. 2.     Assault

An assault is carried out by a threat of bodily harm coupled with an apparent, present ability to cause the harm. It is both a crime and a tort[3] and, therefore, may result in either criminal or civil liability. Generally, the common law definition is the same in criminal and Tort Law. There is, however, an additional Criminal Law category of assault consisting of an attempted but unsuccessful Battery.

Statutory definitions of assault in the various jurisdictions throughout the United States are not substantially different from the common-law definition.

Here are the possible penalties based on the degree of assault:[4]

Third Degree Assault First Degree Misdemeanor (M1) Possible 2 Years
Second Degree Assault Fourth Degree Felony (F4) Mandatory 5 Years *
Maximum 8 Years
First Degree Assault Third Degree Felony (F3) Mandatory 10 Years **
Maximum 16 Years

** Unless the court finds Heat of Passion. Some types do not involve mandatory sentencing.
** Unless the court finds Heat of Passion.

Assault in the Third Degree

Third Degree Assault is defined as “knowingly or irresponsibly triggering bodily injury to another individual.” (In rare cases, a different definition is used based on unintentionally causing injury with a deadly weapon.) Notice that there has to be “injury” in order for the charge to be buttressed. However, discomfort, by itself, establishes injury – even if there was no physical damage to the individual assaulted. As shown in the table above, the extreme sentence for this type of assault is two years in the county jail.

Assault in the Second Degree

There are several dissimilar definitions of Second Degree Assault. A individual will be found guilty if a jury believes that the District Attorney has established any one of the following definitions beyond a reasonable:

When defendant:

  1. Purposefully caused bodily damage to another by the use of a deadly weapon.
  2. Irresponsibly caused serious bodily injury to another by the use of a deadly weapon.
  3. Intended to cause any wound, and caused grave injury.
  4. Triggered injury to someone while purposely trying to hamper the police or firefighters.
  5. Meaningfully applied fierce force to (certain) government administrators.
  6. Purposely stoned someone without their permission / knowledge.

Definitions numbered 1 through 4 above are considered to be “Crimes of Violence,” and carry mandatory prison sentences following a conviction. In such cases, the judge must sentence the defendant to at least 5 years in prison for Second Degree Assault.

Assault in the First Degree

There are also several different definitions for First Degree Assault. A Defendant will be convicted if a jury is convinced that any one of the following definitions has been proven by the District Attorney:

The Defendant

  • Intended to cause thoughtful injury, and does in fact cause serious injury.
  • Wished-for to, and in fact did, extremely deface or disable another individual.
  • Acting with “dangerous indifference to the value of human life,” knowingly created a serious risk of death, and by doing so caused grave bodily wound.
  • Endangered a police officer, firefighter, judge, or prison staff with a deadly weapon, and in doing so caused grave injury.

Simple Assault[5]

  • A simple assault is limited to the use of physical force that results in little or no injury to the victim. Simple assault does not include the use or threatened use of a dangerous weapon. Pushing and shoving during an altercation are examples of simple assault, which are defined as disorderly behavior in U.S. law.

Aggravated Assault[6]

  • Aggravated assault is an assault perpetrated during another crime, such as an attack on someone during a robbery or burglary. Perpetrators can be convicted of aggravated assault even if the victim isn’t injured. Someone who fires a gun at someone and misses during a robbery, for example, is guilty of an assault with intent to rob.

 Sexual Assault[7]

  • The federal statute defines two types of sexual assault: sexual abuse and aggravated sexual abuse. Sexual abuse is using fear or threats to engage another person in sexual activity or engaging in a sexual act when the other person makes it clear she doesn’t want to participate or is incapable of declining participation in the sexual activity. Aggravated sexual abuse happens when an assailant uses physical force or threatens someone with physical force in order to engage her in a sexual act.
  1. 3.     Battery[8]

In both criminal and civil law, a battery is the intentional touching of, or application of force to, the body of another person, in a harmful or offensive manner, and without consent. A battery is often confused with an assault, which is merely the act of threatening a battery, or of placing another in fear or apprehension of an impending and immediate battery. A battery is almost always preceded by an assault, which is why the terms are often used transitionally or combined, as in “assault and battery.

  1. 4.     Difference and Similarities

Difference between assault and battery:[9]

  Assault Battery
Justification: Self defense or defense Consent, self defense, defense, necessity
Common Law: Intentional tort Intentional tort (Negligent tort in Australia)
Important aspect: Threat of violence is enough to constitute assault; no physical contact is necessary Physical contact is mandatory
Purpose: To threaten To cause harm
Nature of crime: Not necessarily physical Definitely physical

.Here’s the difference between assault and battery:[10]

  1. When a person threatens (verbally or with body language or in any other way) to bodily harm another person/s, and this threat causes fear or panic in the person being threatened, then such a threat is defined as an assault.
  2. Assault is verbal and/or with intent – a person does not have to say anything to threaten another person, he can move threateningly towards him, and that can be classified as assault. Stalking can be classified as assault. Battery, on the other hand, is physical.
  3. Assault and battery are combined together while judging the offence. There are different degrees to an assault and battery offence..
  4. Punishment for assault and battery is delivered based on its degree. First degree assault & battery receives the harshest punishment while third degree assault & battery receives the lightest punishment.
  1. The major difference between assault and battery is the amount of contact.
  2. A person, who receives punishment of battery, is essentially guilty of assault. On the contrary, the assault crime has no charges of battery.
  3.  It is very easy to prove the offense of battery rather than assault. The reason is that victim can easily prove the physical evidence of battery charge.
  4. The punishment of battery charge against a person is very tough as compared to assault

There are serious consequences for a Criminal Assault and Battery Conviction:[11]

  • It could be on your record for life
  • Imprisonment
  • Probation or parole
  • Anger management classes
  • Significant fines
  • Loss of the right to possess firearms

Likelihood of any of the above consequences depends on the following factors:

  • The severity of the assault and battery
  • Attitude of community and court toward this type of crime
  • Mitigating/aggravating circumstances
  • Prior convictions
  • Whether or not a weapon is used

Possible defenses to an assault and battery charge include:

  • Self defense
  • Defense of others
  • Factual innocence – it wasn’t you
  • Lack of intent, such as an accident
  • Defense of property

 Assault and battery Law – US[12]

Assault is an intentional attempt or threat to inflict injury upon a person, coupled with an apparent, present ability to cause the harm, which creates a reasonable apprehension of bodily harm or offensive contact in another. Assault does not require actual touching or bodily harm to the victim.

Assault and battery are sometimes used interchangeably, but battery is an unjustified harmful or offensive touching of another. Battery also differs from assault in that it does not require the victim to be in apprehension of harm.

The Office on Violence against Women (OVW), a component of the U.S. Department of Justice, provides national leadership in developing the nation’s capacity to reduce violence against women through the implementation of the Violence against Women Act (VAWA).

Assault, Conditional Assault and Aggravated Assault

An assault is classified as either an attempted battery or an intentional frightening of another person; physical contact is not an element of the crime in either of these situations. Many states do not define assault, and some states list it under attempt rather than under assault.

BJS mission: To collect, analyze, publish, and disseminate information on crime, criminal offenders, victims of crime, and the operation of justice systems at all levels of government. These data are critical to Federal, State, and local policymakers in combating crime and ensuring that justice is both efficient and evenhanded.

Assault and battery Law – Europe[13]

An offence of common assault is committed when a person either assaults another person or commits a battery: * An assault is committed when a person intentionally or recklessly causes another to apprehend the immediate infliction of unlawful force.[14] A battery is committed when a person intentionally and recklessly applies unlawful force to another. [15]

Personal Safety & UK Laws

The University of Westminster is a large multicultural institution with many International students. Students should familiarize themselves with the main laws within the UK as they may differ from other countries.

Several similarities and differences with regard to sexual assault legislation exist among the countries in the CEE/FSU region. Like other countries around the world, rape prevention in this region suffers from underreporting. Rapes are underreported for similar reasons as the rest of the world: self-blame, fear of being disbelieved, fear of facing the perpetrator, etc.

Assault and battery Law – International[16]

ACSSA aims to improve access to current information and resources in order to assist those committed to working against sexual assault. ACSSA will help to support and develop strategies that aim to prevent, respond to, and ultimately reduce the incidence of this crime.

Assaults and violence to the person generally: Justification and Excuse

Whoever makes any gesture or any preparation, intending or knowing it to be likely that such gesture or preparation will cause any person present to apprehend that he who makes that gesture or preparation is about to use criminal force to that person, is said to commit an assault. Mere words do not amount to an assault. But the words which a person uses may give to his gestures or preparations such a meaning as may make those gestures or preparations amount to an assault.

Similar to the United States, there are many different ways in which an assault can occur. Generally an assault occurs when a person directly or indirectly applies force intentionally to another person. An assault can also occur when a person attempts to assault another or threatens to do so without the consent of the other person. An injury need not occur for an assault to be committed. The force used must be offensive in nature with an intention to apply force.

Organizations Related to Assault Law

Advocates for Victims of Assault, Inc. is dedicated to the promotion of non-violence through comprehensive, culturally relevant support for trauma survivors, accountability for offenders, and awareness and education in Summit County, Colorado.

The National Center for Victims of Crime is the nation’s leading resource and advocacy organization for crime victims and those who serve them. Since its inception in 1985, the National Center has worked with grassroots organizations and criminal justice agencies throughout the United States serving millions of crime victims.

The Rape, Abuse & Incest National Network is the nation’s largest anti-sexual assault organization. RAINN operates the National Sexual Assault Hotline at 1.800.656.HOPE and the National Sexual Assault Online Hotline at rainn.org, and publicizes the hotline’s free, confidential services; educates the public about sexual assault; and leads national efforts to prevent sexual assault, improve services to victims and ensure that rapists are brought to justice.

SAVAS is dedicated to survivors of sexual assault, and to ending sexual assault in our community. We provide a safe environment in order to encourage survivors of rape and sexual abuse to come forward. We are pledged to return to these survivors the power of making their own decisions to helping them contribute to their own recovery. To this end, SAVAS advocates for survivors and their loved ones and works to educate the community on childhood sexual abuse and rape.

VictimLaw has been designed as a comprehensive, user-friendly, on-line database of victims’ rights statutes, tribal laws, constitutional amendments, court rules, administrative code provisions, and case summaries of related court decisions that meets the needs of a wide variety of users with different levels of substantive and technological expertise. Such ready access to information can advance the cause of crime victims’ rights by facilitating the exercise, implementation, and enforcement of those rights.

Recommendation:

Different law for assault and battery prevails in different countries. There is not even a certain definition for these two. It differs from country to country. So the trial, procedures of law, punishments everything depends on the country specific laws. So it is important to know want a country’s law says about battery and assault before executing any law or taking any step. What a crime in one country may not be the same for another country. So country specific rules are important. There may be different definition of assault and battery. What a conservative orthodox country mean by assault may not be similar in a western country. So the limit of punishments for such crimes are varies. So it is difficult to put a specific accusation on a person if the law is not known.  Study of country specific law is very important to solve such confusions. People should be also aware of this fact and not do anything that a country call assault and battery or else it can turn to a severe crime. People should keep it in mind. Such things should also be published to let people know so that they don’t commit crimes.

  1. 5.     Conclusion:

Assault and battery are a combination of threat and physical harm. The severity of harm caused decides the charge of an assault and battery case. It could either be a misdemeanor or a felony according to common law. The difference between assault and battery lies in the definition of the terms. In legalese, assault is any reasonable threat to a person. The person who is committing the assault does not have to actually touch a person. But a reasonable and immediate threat to the person being assaulted must exist for a claim of assault. Battery, on the other hand, requires contact.

A few things are considered automatic assault without being considered assault and battery. Pointing a gun at someone, or waving a weapon like a knife, or a potential weapon like a baseball bat is assault. At that moment, anyone who is being threatened is being assaulted.

For assault and battery to both be present, one must wave a weapon, or one’s fists, or threaten physical harm, and then commit physical harm. The difference lies in whether the supposed criminal ever touched the victim. As soon as a threat becomes a blow, the crime is then assault and battery.

  1. 6.     Reference:
    1. http://society.ezine9.com/what-is-the-difference-between-assault-and-battery-3a360c3dbd.html
    2. http://www.denvercriminalattorney.com/criminal_charges/assault.html
  1. http://www.ehow.com/info_8475596_types-assault.html
  2. http://injury.findlaw.com/assault-and-battery/battery-basics.html
  3. http://www.diffen.com/difference/Assault_vs_Battery
  4. http://www.knowitsdifference.com/difference-between-assault-and-battery/
  1. http://injury.findlaw.com/assault-and-battery/battery-basics.html
  1. http://www.hg.org/assault.html
  1. www.usgovernmentbenefits.org/hd/index.php?t=assault+laws

[1] Definition of assault: First paragraph:http://society.ezine9.com/what-is-the-difference-between-assault-and-battery-3a360c3dbd.html

[2] Definition of battery: Second paragraph:http://society.ezine9.com/what-is-the-difference-between-assault-and-battery-3a360c3dbd.html

 [5] Types of assaults: http://www.ehow.com/info_8475596_types-assault.html

[6] Types of assaults : http://www.ehow.com/info_8475596_types-assault.html

[7] Types of assaults : http://www.ehow.com/info_8475596_types-assault.html

[8] http://injury.findlaw.com/assault-and-battery/battery-basics.html

[9] http://www.diffen.com/difference/Assault_vs_Battery

[10] http://www.knowitsdifference.com/difference-between-assault-and-battery/

[11] http://www.legalmatch.com/law-library/article/assault-and-battery—criminal.html

[12] US assault and battery law: www.usgovernmentbenefits.org/hd/index.php?t=assault+laws

[13] Law of assault and battery in Europe: http://www.hg.org/assault.html

[14]  (Archbold 19-166 and 19-172)

[15] (Archbold 19-166a and 19-174 to 19-175).

[16] International assault and battery law: http://www.hg.org/assault.html

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