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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 ...
Assault and battery is the combination of two violent crimes: assault (harm or the threat of harm) and battery (physical violence). This legal distinction exists only in jurisdictions that distinguish assault as threatened violence rather than actual violence. Assault and Battery may also refer to:
For example, the intentional driving of a car into contact with another person, or the intentional striking of a person with a thrown rock, is a battery. Unlike criminal law, which recognizes degrees of various crimes involving physical contact, there is but a single tort of battery. Lightly flicking a person's ear is battery, as is severely ...
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. Battery can include a wide range of actions, from slapping someone to causing serious harm or even death.
There is no authority that suggests that "intend" or "recklessly" ought to mean something from their normal meanings. Cunningham recklessness – that the defendant himself foresaw the risk of harm – is applied. [19] [21] Assault is a crime of "basic intent" for the purposes of the Majewski test concerning voluntary intoxication. [21]
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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]
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