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Assault And Battery: One or Two Crimes? VIDEO RECENT POPULAR
PO STED BY ELITE LAWYER PRO J ECT O N J ANUARY - 29 - 20 11
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Assault and battery are most often combined into one offense for many perpetrators. However, many
people may not realiz e this is not always the case. There are circumstances where a suspect is
guilty of assault but not battery, however once charged with battery, assault is charged as well. This
means that under criminal laws, assault and battery are a single offense. In terms of tort law, or
wrongful acts against a person, assault and battery are separate offenses. By definition, assault
means that there is real and obvious reason for fear of impending battery. Battery is defined as
In cases where a suspect waves about a weapon such as a gun or a knife or even an object that
could be used as a weapon, such as a baseball bat, this is automatic grounds for an assault charge.
In such cases, it is obvious that the victims face a real and present danger and fear that they will be
injured. This same scenario leads to a combined assault and battery charge when the suspect takes
the next step and causes physical harm to the victims in question. Physical harm of any kind at all in
such a situation is considered assault and battery without question.
When verbal threats are made by one person against another, it can be challenging and difficult to
pursue a criminal case against the suspect who made the verbal threats. However, verbal threats are
considered assault charges and are more than enough to obtain restraining orders against the
perpetrator. Once a restraining order is in place, if that order is broken or violated in any way, the
charge immediately and automatically becomes an assault and battery charge being that there is
already a record of assault. It is then that pursuing a criminal case against the perpetrator becomes
The punishments or consequences of assault and battery charges will vary from state to state and
case to case. A personal injury attorney will be able to help victims through a court case. Typically,
though, the victims are entitled to some sort of compensation for damages incurred during the attack.
Compensation for pain and suffering, for medical expenses that result as well as lost income due to
missed work resulting from the incident. Criminal liability may be applicable in some cases as well. In PAGES RECENT POST S
the case of criminal liability, the perpetrator may face jail time and/or fines.
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