Differences And Similarities Between Assault And Battery

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In this research paper it explains the fundamental difference and similarities between assault and battery and how they both affect a person against crime and their victims. Assault and battery are used to indicate an offense or just one.When dealing with the two offense battery has to occur when dealing with assault. Assault and battery are common law crimes that we have in the American jurisdiction system. The history about sex crimes such as rape and sexual assault and harassment goes back to the english days where rape was against property and not the person. When either the father of the daughter or the husband wives were raped it would be considered theft of his property. The raped laws in the old english days protected the interest…show more content…
Assault and battery are both a combination of threat to the victim and physical harm. they both are crimes and they both are regulated by statutes. Self defensive plays a role in both Assault and battery and intentional tort.The difference between Assault and battery is that they have different charges, assault has the charge of a felony and battery has the charge of misdemeanor.Also between the two is the existence and the nonexistence of touching. What makes these differ is that direct battery involves physical contact with the victim body being harmed by the defendant. Battery has three elements to it which is conduct, mental state and harm done. Conduct would be a case of battery that encompasses the physical act performed by the defendant.Next theirs the mental state battery charges if the person acts with eighter intent or injury or just criminal neglince and last there is harm which is anytype of bodily harm done to the victim that injurys them. When it come to the defendant it can give rises to as a criminal liability. Having a exposure is the element of battery. Assault is when a person is charged with a felony for threatening a person or frightening by the defendant. Assault is a created action that apprehensions in a forthcoming of harm or offensive contact .A direct Assault does not have physical contact but would be hard to prove because it’s more over words than actions without proof of physical contact.Good examples for Assault and Battery is Throwing of a knife to a person and hitting them is battery and assault is when the knife is thrown striking them and it misses it’s
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