The differences between an assaults as opposed to a battery:
Assault and battery are both intentional torts against
persons. However, they have certain differences. An assault is a threat;
it is committed when someone “engages in conduct which places another in fear
of receiving a physical harm.” A battery is committed when someone “causes
bodily harm to an individual,” or “makes physical contact of an insulting or
provoking nature with an individual.”
The main difference between the two offenses is the existence
or nonexistence of a physical contact. While contact is an essential element of
battery, there must be an absence of contact for assault. In Criminal Law, an assault may
additionally be defined as any attempt to commit a battery because when someone
commits battery they usually have the intent to harm, and threaten the person
before committing the physical act.
Some of major Differences
between an assaults as opposed to a battery is as follows:
Assault
|
Battery
|
|
Justification
|
Self-defense or
defense, assault is
defined as the threat of bodily harm that reasonably causes fear of harm in
the victim
|
Self-defense,
defense, necessity, battery is the actual unauthorized and harmful physical impact on another person.
|
Common Law
|
Intentional tort
|
Even
a minor touching can qualify as batter providing it is painful, harmful, or
offensive to the victim.
|
Important aspect
|
Threat of violence is
enough to constitute assault; no physical contact is necessary
|
intentional
physical contact with an individual is mandatory
|
Purpose
|
To threaten that causes fear of harm in the victim.
|
When
someone commits battery they usually have the intent to harm.
|
Nature of crime
|
Not necessarily
physical contact is necessary. The degrees of
assault determine the range of punishment to be administered for the
crime.
|
Degrees
of battery include first degree, second degree, and third degree. Each degree
describes how serious the crime may be and punishment is decided by level of crime.
|
References
FreeAdvice. (n.d.). What is the difference between
assault and battery? Retrieved from Criminal Law: http://criminal-law.freeadvice.com/criminallaw/violent_crimes/assault_battery.html
Cheeseman, H. R. (2006). Torts
and Privacy. In Contemporary Business and Online Commerce Law (5th edi).
Upper Saddle River, New Jersey: Person Education Inc.
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