Assault
and Battery Lawyers - NATIONWIDE
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Assault
and Battery Information
WHAT IS ASSAULT?
n. the threat or attempt to strike another, whether successful or not, provided
the target is aware of the danger. The assaulter must be reasonably capable
of carrying through the attack. In some states if the assault is with a
deadly weapon (such as sniping with a rifle), the intended victim does not
need to know of the peril. Other state laws distinguish between different
degrees (first or second) of assault depending on whether there is actual
hitting, injury or just a threat. "Aggravated assault" is an attack
connected with the commission of another crime, such as beating a clerk
during a robbery or a particularly vicious attack. 2) n. the act of committing
an assault, as in "there was an assault down on Third Avenue."
Assault is both a criminal wrong, for which one may be charged and tried,
and civil wrong for which the target may sue for damages due to the assault,
including for mental distress.
WHAT IS BATTERY?
n. the actual intentional striking of someone, with intent to harm, or in a "rude
and insolent manner" even if the injury is slight. Negligent or careless
unintentional contact is not battery no matter how great the harm. Battery
is a crime and also the basis for a lawsuit as a civil wrong if there is
damage. It is often coupled with "assault" (which does not require
actual touching) in "assault and battery."
Select a State to contact a Assault and Battery Attorney >>
Assault
and Battery the combination of the two crimes of threat
(assault) and actual beating (battery). They are both also intentional
civil wrongs for which the party attacked may file a suit for damages.
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