THE A-Z OF ASSAULT VS. BATTERY
When it comes to Assault Vs. Battery tends to get confused about the two terms. The problem comes down to the state in which the case is brought forth. The concern about Assault vs. Battery is that there are almost similar. In differentiating the two terms, the issue has to be looked from the onset of occurrence. Did the accused wield any weapon? If there was a weapon used, was any harm inflicted using the weapon? Did the person use the weapon as a form of self-defense or intentionally harm? All of these questions come in place when seeking to figure out the difference between Assault Vs. Battery. In this article, we shall focus our attention on understanding the ins and outs of Assault Vs. Battery.
The Ins and Outs of Assault
Definition of Assault will depend significantly on the state in which the incident occurred. In lame's man language, Assault is a situation that can lead to harm to another person or a threat to a person's life and wellbeing. In terms of the penalties and punishments, the court may deliver will significantly depend on the state. Depending on the state, the case can be classified as a felony or a misdemeanor. The weapon used in question and the level of injuries can determine the level of penalties.Assault can be deemed a misdemeanor in most states, which typically implies payment of fines or jail time of up to 12 months.
On the other hand, the fines prescribed by the court can range in the figures of $ 500 to a maximum of $10000. The assault case can be described as a felony if the incident leads to death or severe bodily injuries. The accused, if found guilty, can be sentenced to life behind bars of 10-30 years depending on the state.
In the legal world, there are various assault types. Assault can be classified as simple, physical, aggravated, verbal felonious, and sexual Assault.
Simple Assault is a type of Assault that involves no use of a weapon. There is no evidence of severe injuries in terms of injuries inflicted, which can also be deemed minor injuries. In most times, the punishment for simple assaults is a misdemeanor. The misdemeanor can range from a couple of dollars in fines. In other cases, the court may send the accused up to 12 months behind bars.
Physical Assault can be defined as a type of Assault that leads to no serious or life-threatening harm. However, the incident does leave into harm. The harm can be in the form of bruises, swollen and black eyes, bodily cuts, or even swollen lips. Penalties of physical Assault can range from a couple of dollars in fines or jail time of up to 12 months. There is sexual Assault, with involves indulging in a sexual act without the other person's consent. Sexual Assault comes in different forms, including molestation, rape, inappropriate sexual touching, and advances. Sexual Assault can be deemed as a felony which can lead to life behind bars of up to 20 years.In cases of rape, if found guilty, the accused can be given a life sentence.
Aggravated Assault is a type of Assault that involves the use of a weapon or the use of extreme force. The extent of the force or the type of weapon used during the Assault will determine the extent of the penalty delivered by the court. The court may aggravate Assault as a felony that the individual can serve up to 20 years behind bars. While most Assaults lead to bodily harm or injuries, the case of verbal Assault leads to psychological, mental, or emotional damage. Verbal Assault is caused by oral communication. In terms of the verbal assault penalties, the individual, if found guilty, can receive fines or jail time of 6 to 12 months. Felonious is defined as a threat or attempted attack on a person. In the case of felonious Assault, there is use of excessive force.In the case of use of a weapon, it will be a felon. However, if no weapon is used but hands, feet, or fist, the incident will be considered as a felony offense. In terms of penalties, the accused can be served with fines or life behind bars for a period of 1 to 25 years.
Assault Case Example
After a long day at work, Peter decides to put on his earphones while walking from work to his residence, which is not far. However, while walking down, he ignores his walking as he has a lot on his mind. He accidentally backs into a woman who has coffee in her hands which spills over to her boyfriend. Before Peter can apologize for his mistake, the woman's boyfriend is mad because Peter has spoiled his favorite shirt. The boyfriend swings in punch, trying to knock Peter off the ground, but luckily enough, Peter dodges the punch. The situation does not end there, and the boyfriend threatens Peter to beat him up. Additionally, the boyfriend chases Peter down the street yelling and holding a stick, shouting his lungs hard at Peter.
The case is brought in front of the court as Peter feels the boyfriend assaulted him. The case can be deemed in different categories. The first instant is a verbal assault as the boyfriend was shouting and threating Peter. The case can be deemed as a simple assault as no bodily harm was incurred. The penalties can range from fines to up to 12 months in jail. However, the case, depending on the state, can be looked at differently. Different states have different interpretations of the law; additionally, certain factors will come into play.
In looking at Assault vs. Battery, it is vital also to understand the term battery. Battery is initiating or inflicting physical contact. Battery does lead to physical harm. Furthermore, the physical contact can be in the form of body contact or the use of a weapon. When looking at Assault Vs. Battery, the differences between the two, comes with threat levels, actual act, and severity of harm.
In most cases, Battery is considered a misdemeanor which only results in fines and jail. However, it is essential to note that the severity of the battery penalties does depend on the state. In some states, an individual can receive up to 30 days to several years behind bars. In delivering the penalties, other factors also play, for instance, the weapon used during the Battery.
In the legal world, there are different types of Battery. The different types of batteries can include simple, aggravated, and medical.
★ Simple Battery refers to making unauthorized physical contact or physical force, leading to harm to another individual. The penalty for simple Battery is considered a misdemeanor which leads to fines. In some cases, it can lead to jail time of up to 12 months.
★ An aggravated battery is a battery that leads to physical injuries resulting from the use of a weapon. For aggravated Battery, there need for proof that the weapon used had the intention to cause bodily harm. The penalty for aggravated Battery is fines or jail time of up to 25 years.
★ Medical Battery is a form of Battery that occurs in the medical field whereby a medical professional touches a patient's body or performs a medical procedure without the patient's consent. In most cases, medical Battery can lead to fines or jail time of up to 12 months in terms of penalties.