What is assault and battery ?  

        What is assault and battery ?Assault and batter are single offense in the context of criminal law. Though assault and battery law is commonly applied, it nitty-gritty can vary from state to state across the US.

 

An assault involves the following:

  1. An intentional, unlawful threat or "offer" to cause bodily injury to another by force
  2. Under circumstances which create a well-founded fear of imminent peril in a person
  3. Where there exists the apparent ability to carry out the act if not prevented

Even if a person does not make actual contact with another or has no ability to carry out the apparent threat, it is still deemed as assault. If we take the example of a person pointing a toy gun at another person but the toy gun looks real, he can still be charged with assault.

        Battery is when one person touches another person wilfully or intentional against the other person’s wishes. Offensive touching is also considered to be battery even if it does not cause injury. So, if you are thinking of digging your index finger into someone’s chest, think twice or you could be charged with battery.

        In order to be liable for assault and battery, a person must not have the privilege to assault and batter another person. A person has privilege if he has consent, he is an officer of the law, he acts in self-defense or in defense of others.

       Other privilege situations are when two people willing and voluntarily get into a fight, a person trying to protect his property from damage or theft or if a parent is trying to discipline a child.

       A point to remember is that words do justify as assault and battery no matter how provocative and insulting the words are.

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