Here you will find in-depth information about assault and battery laws, including a broad overview of what assault and battery entails, state specific assault laws, and common questions and answers related to violent crimes.
In states that define assault as placing a victim in fear of violence, the victim’s response must not only be genuine but reasonable under the circumstances. Misdemeanor assaults are the least serious among the assault and battery crimes.
In the federal criminal system, an assault is an attempt to hit another person or an act that causes someone to reasonably expect impending harm. Throwing a punch is a typical example. So is intentionally pointing a gun at someone. An assault requires neither harm nor physical contact—the crime is
The crime of battery is the intentional touching of another in an angry manner or the intentional use of force or violence against another. Grabbing someone’s arm, pushing or punching a person or striking a victim with an object are all crimes of battery.
Assault is a crime of violence, and is defined differently from one state to another. Some states define assault as the intentional use of force or violence against another, such as punching a person or striking the victim with an object. In other states, assault need not involve actual physical contact, and is defined as an attempt to commit a physical attack or as intentional acts that cause a person to feel afraid of impending violence.
The crime of battery is the intentional touching of another in an angry manner, or the intentional use of force or violence against another. Grabbing someone’s arm, pushing or punching a person or striking a victim with an object all are crimes of battery.
“Finish that project by Friday. Or else.” If this is an empty bit of boss hyperbole, then it may simply spur an employee to meet the deadline. But if it's a sincere, believable threat of physical violence, it may be assault or a criminal threat and could result in an arrest, a civil lawsuit, and other repercussions.
Several plea options and other alternatives to trial are available to a person charged with simple assault. The specific options depend on state laws and the policies of the local court in which the defendant is charged.
As any mail carrier can attest, aggressive dogs can be hazardous. Most courts would agree, as there is a trend in judicial findings that, depending on the circumstances, dogs can be every bit as dangerous as guns and knives.
These days, air travel rarely brings out the best in anyone. But hitting, threatening, or interfering with a crewmember working on an airplane violates federal law and can result in a felony conviction. The Federal Aviation Administration (FAA) can also impose substantial fines.
The crime of assault can be committed in different ways. Under most circumstances, the assault victim will be aware of the defendant’s conduct – that is, the victim will see the defendant approach and attack (or try to attack).