Assault vs battery
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Thread: Assault vs battery

  1. #1
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    Assault vs battery

    Assault: An assault is any willful and unlawful attempt or offer with force or violence to do a corporal hurt to another. Words alone do not constitute an assault. Words plus an apparent ability to commit a battery, equal assault.


    Battery: A battery is any willful and unlawful use of force or violence upon the person of another.


    I am interested in getting some real life scenarios of Assault vs Battery.
    Would any LEO's or lawyers be willing to post some scenarios for me?

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  3. #2
    Quote Originally Posted by nodaywithout View Post
    Assault: An assault is any willful and unlawful attempt or offer with force or violence to do a corporal hurt to another. Words alone do not constitute an assault. Words plus an apparent ability to commit a battery, equal assault.


    Battery: A battery is any willful and unlawful use of force or violence upon the person of another.


    I am interested in getting some real life scenarios of Assault vs Battery.
    Would any LEO's or lawyers be willing to post some scenarios for me?
    Every state has different laws on what assault and battery really are. Maryland only has Assault 1 and Assault 2, but they include the battery definitions.

    I point a gun at you, but do not fire. I am likely to be charged with Assault with a Deadly Weapon (Nevada law). I actually shoot the gun at you, and a round hits you. That is Battery with a Deadly Weapon in addition to a possible Attempt Murder charge).

    You can think of assault as an attempted battery in some states. I take a swing at you, and I miss you. That is an assault in many cases. I take a swing and connect, that is a battery in many cases. There are defenses, but you didn't ask about that.

  4. #3
    Quote Originally Posted by 442js View Post
    Every state has different laws on what assault and battery really are. Maryland only has Assault 1 and Assault 2, but they include the battery definitions.

    I point a gun at you, but do not fire. I am likely to be charged with Assault with a Deadly Weapon (Nevada law). I actually shoot the gun at you, and a round hits you. That is Battery with a Deadly Weapon in addition to a possible Attempt Murder charge).

    You can think of assault as an attempted battery in some states. I take a swing at you, and I miss you. That is an assault in many cases. I take a swing and connect, that is a battery in many cases. There are defenses, but you didn't ask about that.
    Nice job.. It about sums it up!

    Psalm 82:3-5

  5. #4
    Assault - what you put on your fallen assailant's open wounds.

    Battery - what you hook up your fallen assailant to, when you need to find out who sent him.

    :P
    S&W M&P 45; Ruger GP100 .357 Magnum; Charter Arms .38 Undercover
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  6. #5
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    Quote Originally Posted by Phillip Gain View Post
    Assault - what you put on your fallen assailant's open wounds.

    Battery - what you hook up your fallen assailant to, when you need to find out who sent him.

    :P
    funny bud bad joke lol.

  7. They typically go hand in hand don't they? I watch a lot of junk tv and the term assault and battery is used quite often

  8. #7
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    Quote Originally Posted by Cotillion View Post
    They typically go hand in hand don't they? I watch a lot of junk tv and the term assault and battery is used quite often
    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.

  9. There are different names for the same crime. In my state, there is assault and menacing. Where menacing is the threat of violence, and assault is the act of or attempt of violence.

    In this case, if someone has a baseball bat and is threatening to hit you with it then it's assault. If the person hits you with the baseball bat, then it's battery. Generally, police will charge the suspect with both if the threat was made and an attempt was made afterwords.

  10. #9
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    NYS does not have battery either. Harrassment and Assault cover this.
    GOD, GUNS and GUITARS

  11. #10
    Years ago I read the difference in one of these little handouts that police or some law demonstation booth give out. Just like someone pointed out assault is when you rear back and threaten to hit someone with your fist or a baseball bat etc., maybe possibly swing at them. Battery is when you actually hit them. Assault and battery is basically wheh you threaten to hit them (assault) and then hit them (battery). Battery is thee actual act of hatting someone. If you sneak up behind them and hit them over the head with a baseball bat then that would only be battery without the assualt.

    As was also stated the actual terms and laws vary all over the place by state and possibly even cities. It can go by different terms but you should be able to tell the difference between the two with no problem.

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