assault and/or battery

[Kentak]

These terms have always confused me, as far as the legal distinction. Yes, I have looked them up on law websites, but I would appreciate hearing other forum member's understanding of these terms. This applies to lawyers, law enforcement, and laymen like me.

Illustrative scenarios would also be helpful.

Thanks in advance.

K

 

[eric.cartman]

Assault, I take a swing at you.
Battery, I take a swing at you AND i land it on your face.

Assault is an attempt of Battery.

Aggravated assault/battery: when a weapon is involved. Usually a deadly weapon, although I'm not sure here. Then again, aren't all weapons deadly?

 

[Jorg Nysgerrig]

The exact definition varies from state to state. In eric.cartman's example, both would be assault in Utah. Aggravated assault in Utah would involved a weapon or serious bodily injury without a weapon. Battery doesn't have a legal definition in state code outside of the specific context of sexual battery.

 

[TechAlG]

From my law class (way back in college)...

Assault is the threat of battery; for example, me telling you "I'm going to punch you in the face." Another example would be me trying to punch you, or moving my fist in "a threatening manner," as if I was going to punch you.

Battery is physically contacting someone with intent to harm; for example, me punching you in the face.

 

[Librarian]

Definitely state-specific.

California Penal Code:

240. An assault is an unlawful attempt, coupled with a present
ability, to commit a violent injury on the person of another.

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

From my non-lawyer's reading of PC, there's a kind of aggravated battery, but not aggravated assault. Assault with a deadly weapon is not a separate crime, as such, but incurs a higher penalty. Here's a good one:

(3) Any person who commits an assault upon the person of another
with a machinegun, as defined in Section 12200, or an assault weapon,
as defined in Section 12276 or 12276.1, or a .50 BMG rifle, as
defined in Section 12278, shall be punished by imprisonment in the
state prison for 4, 8, or 12 years.
(b) Any person who commits an assault upon the person of another
with a semiautomatic firearm shall be punished by imprisonment in the
state prison for three, six, or nine years.

Remember, for assault, don't have to actually shoot anyone.

 

[El Tejon]

Well, I can see I'm not needed. *kicks rocks*

Assault is an inchoate battery. Some states have a crime of assault, some do not.

Usually threats/initimidation do not fall under the definition of assault.

 

[araiford]

Can I shoot someone who is trying to hit me?

 

[Sheldon J]

Can I shoot someone who is trying to hit me?

No and depends are you a 80 year old in a wheel chair with a degenerative bone disease or hemophiliac that a blow will kill you? You may resist with equal force and only use deadly force when in a life threating situation.

Assault, I take a swing at you.
Battery, I take a swing at you AND i land it on your face.

Actually they do not need to take a swing, there is verbal assault which constitutes a crime, I swear and threaten you, I get in your face and scream at you, I make threatening gestures, all assault.
Battery is when contact is made and it can be as simple as a finger poke to the chest.

 

[Reyn]

Varies state to state. Here there is no battery in the criminal code. It's assault 1st,2nd,3rd degree with 3rd being a misd.

 

[1911Tuner]

The simplest way to define the terms are:

If I swing and miss...it's assault. If I swing and hit you...it's assault and battery. Different state and local codes may cause that to vary.

Can I shoot someone who is trying to hit me?

Depends. If you're 6'2" and 250 pounds of weight lifted muscle, and a guy your size or smaller...without special martial arts skills takes a swing...no.

If you're a 98-pound beanpole and the above-described guy comes at you...probably so. It's a question of disparity of force and a reasonably belief that a hard straight right will cause you grievous injury or death...or if you reasonable believe by the attacker's demeanor and/or actions that he will continue to hit you after the first shot...yes.

Be prepared to convince a jury of your peers of those things, though.