10 Major Differences Between Assault And Battery in See Update
Difference between assault and battery: Assault and battery are criminal charges closely linked with threat and physical harm that can be put against guilty person. Both charges are sometimes leveled simultaneously against a person and sometimes separately.
Simply put, the most significant difference between assault and battery is the amount of contact involved in the process. Assault is the charge which is against a threat of violence and battery is the charge against physical violence.
Assault and Battery
Under some authorities, assault and battery are often paired together as one offense. The reason for this is, when someone commits battery they usually have the intent to harm, and threaten the person before committing the physical act.
There will also be different degrees of battery including first degree, second degree, and third degree. Each degree describes how serious the crime may be.
In other jurisdictions, assault is defined in broader terms as any intentional physical contact with an individual without their consent. In these states, the definition of assault encompasses the definition of battery of other jurisdictions.
However, like the states that have separate definitions for assault and battery, these jurisdictions generally have three degrees of assault. The degrees of assault determine the range of punishment to be administered for the crime.
What Is Assault?
Assault is defined differently in different states. Generally, it is defined as the intention to harm others physically or to give an intentional threat to someone in order to create a sense of fear. Assault is also defined sometimes as an attempt to create a battery.
Contact is not necessarily required to do assault, but still, there is a requirement of a criminal act in order to convict a person. It is an act of offence which create a threat in a person makes a person uncertain about his security.
Assault is not a criminal offence if a person gives a threat to the person only by speaking words from his mouth.
Degrees of Assault
1. Third Degree Assault: The least serious of assault charges, an attempt is made to injure another person. This also includes mental or emotional injury.
2. Second Degree Assault: The intent behind the bodily harm, or the level of it, is more severe than Third Degree Assault but less than First Degree Assault. Often, use of a dangerous weapon is involved.
- First Degree Assault (or Aggravated): This generally includes severe bodily harm and extreme indifference for the value of human life. It usually includes the use of a dangerous weapon.
What is Battery?
The battery is a criminal offense when the person touches another person and harms the body of another person intentionally without having the consent of that person.
Basically, touching another person having the wrong intention and harming the body of another person are treated as battery. If a person touches another person physically with an intent to cause bodily harm, it is called a battery.
On the other hand, if a person touches another person accidentally, then such an act is not called battery and there is no punishment for such acts.
The acts which are qualified as battery and often punishable are kicking or punching someone, harming others with the help of deadly weapon.
Degrees of Assault
1. Third Degree Assault: The least serious of assault charges, an attempt is made to injure another person. This also includes mental or emotional injury.
2. Second Degree Assault: The intent behind the bodily harm, or the level of it, is more severe than Third Degree Assault but less than First Degree Assault. Often, use of a dangerous weapon is involved.
3. First Degree Assault (or Aggravated): This generally includes severe bodily harm and extreme indifference for the value of human life. It usually includes the use of a dangerous weapon.
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