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Thread: Assault vs battery

  1. Also realize that the some states may have one legal title, assault in this case, but different degrees that may not be the actual act of the title. For instance 'Assault in the Fifth Degree' may be the physical threat of Assault. So think twice before stepping over that line, you may have Assault on your record.

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  3. #12
    Quote Originally Posted by nodaywithout View Post
    Disclaimer I am not now nor have i ever been a lawyer or a law enforcement officer.

    It can be assault and/or battery. They can go together (from my knowledge of it) the difference between the two is the severity of force/violence/corporal hurt that has occurred. if someone inflicts some bruises, maybe even a scratch on a person - assault. If someone inflicts injury on another, internal bruising/bleeding, broken ribs/bones battery if both happen assault and battery.

    Perhaps there is a lawyer or two on this site who can verify or correct me.
    It depends on the state. Some states have both assault and battery, and some don't (see my Maryland example above). Assault in many states means there is no offensive touching, but battery is when there is contact. If we get into a fight, and I swing at you and miss, and then I connect with my next punch, that would be assault (swinging and missing), and battery (hitting you). I would be unlikely to be convicted of assault as assault often merges with battery so I would just be convicted of battery.

    Of course, if I have a defense, I wouldn't be convicted of either.

    Read your state laws carefully, because what is assault in one state, isn't necessary assault in another state.

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