How Does Assault Differ From Battery Or Are They The Same?

In a courtroom, the assault lawyer sat several chairs apart from the prosecutor to help limit the spread of coronavirus. Other matters like bail hearings, sentencing hearings and probation violations are handled over video. This is something that people can expect during the new normal.

It is very likely that you are familiar with assault particularly if you are a fan of TV shows involving police officers. One of the most common phrases you will hear is “You are under arrest for assault and battery.” But, is assault similar to battery?

The definition of assault varies from state to state but it is usually an attempt to injure another person which in some circumstances include threats or a threatening behavior against others. In some jurisdictions, assault is defined as attempted battery. There is a separate category for aggravated assault or battery particularly when the victim is severely injured or a deadly weapon is involved.

To put it simply, assault can be defined as an attempt to injure or threaten another person while battery is the act of making contact with another person in an offensive or harmful manner. Both assault and battery can be pursued through civil lawsuits.

Even if contact is not necessary for an assault offense, a conviction will require a criminal act. The types of acts vary significantly but in order for assault to be an overt or direct act, the victim must fear for his safety. Exchange of words does not constitute an assault unless there is an act or action that will put a person in fear of imminent harm.

A person cannot accidentally assault another person. There must be intent which is considered dangerous to the other person. Even if no particular harm is intended, it can be considered assault if the individual acts in a way that can be considered dangerous.

Since assault has many different definitions and interpretations, the best source of information is the assault lawyer because it is his expertise. Different defenses can be applied particularly if there was an exchange of heated words prior to the assault.

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