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Assault And Battery

It is a felony to commit assault and battery, or just assault. Assault and battery are actually two distinct crimes in tort law, while in criminal law, the two count as one crime. Simple assault occurs when two people become involved in an argument, and get into a fight. As long as no weapon is used in the fight, and the injuries are not too severe, it is classified by law enforcement as simple assault. However, if injury to another person comes from someone’s fists, hands, or even feet, and the injured person needs medical attention, then it can be considered assault and battery. Assault is more or less considered just the threat of violence. Battery is considered physical violence. The two together are considered more serious than either one of them alone. Some areas of the United States consider assault as threatened violence as opposed to real violence.

Fast Facts

  • In order for a person to be liable for assault and battery, they must last what is known as “privilege”. Privilege can mean self-defense, defending your property or other people, discipline, voluntary combat, and merchant’s privilege for shoplifters.

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  • Civil Assault and Battery Claims

    When someone is injured during an altercation, there are times when the prosecution/district attorney does not...
    • Site: litigationlawfirms.com
    • 6 of 11 user(s) found this useful
  • Aggravated Assault with a Deadly Weapon

    Aggravated Assault is applying intentional force to another person paired with circumstances that elevate the ...
    • Site: criminaldefenselawyer.com
  • Aggravated Sexual Battery

      Every state has a different statutory provision which describes what aggravated sexual abuse battery is.  Ho...
    • Site: criminaldefenselawyer.com
  • Sexual Assault Statutes for all States

      Sexual Assault statutes across the country have one thing in common; they carry very stiff and life altering...
    • Site: criminaldefenselawyer.com
  • Attempted Assault Charges

      The fear of an attack is a serious situation that our society wants to prevent – even in cases when an actua...
    • Site: criminaldefenselawyer.com
    • 1 of 1 user(s) found this useful

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