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Battery is a criminal offense involving unlawful physical contact, distinct from assault, which is the act of creating reasonable fear or apprehension of such contact. Battery is a specific common law offense, although the term is used more generally to refer to any unlawful offensive physical contact with another person. Battery is defined by ...
[3] [4] If D throws a punch at V, who dodges, this is likely to be an assault but not a battery; if V is attacked from behind, this may constitute a battery without an assault. [5] [6] Actions which constitute ordinary daily life are not considered assault or battery, for example, jostling on a crowded train. [7]
Battery is a form of trespass to the person and as such no actual damage (e.g. injury) needs to be proved. Only proof of contact (with the appropriate level of intention or negligence) needs to be made. An attempt to commit a battery, but without making actual contact, may constitute a tort of assault.
A battery can occur without a preceding assault, such as if a person is struck in the back of the head. An assault can be an attempted battery. I.e. 'If Henry points a gun at Thomas he has committed an assault. It makes no difference whether the gun is loaded,' [4] But 'Henry will only commit a battery if he shoots the gun and hits Thomas'. [4]
Battery is a criminal offense that involves the use of physical force against another person without their consent. [12] [13] [14] It is a type of assault and is considered a serious crime.
In one assault, there was no rape kit, but the victim described her attacker as having a tattoo of a puzzle piece on his arm. Calhoun, who was 19 and cognitively disabled, didn’t have one.
Transferred intent is the legal principle that intent can be transferred from one victim or tort to another. [1] In tort law, there are generally five areas in which transferred intent is applicable: battery, assault, false imprisonment, trespass to land, and trespass to chattels. Generally, any intent to cause any one of these five torts which ...
Georgia football wide receiver Colbie Young was arrested early Tuesday morning on misdemeanor charges of assault on an unborn child and battery.. The Miami transfer was arrested by Athens Clarke ...