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As a successor to the common law crime of mayhem, this is sometimes subsumed in the definition of assault. In Florida, aggravated battery is the intentional infliction of great bodily harm and is a second-degree felony, [14] whereas battery that unintentionally causes great bodily harm is considered a third-degree felony. [15]
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:
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.
In common law, battery is a tort falling under the umbrella term 'trespass to the person'. Entailing unlawful contact which is directed and intentional, or reckless (or, in Australia, negligently [1]) and voluntarily bringing about a harmful or offensive contact with a person or to something closely associated with them, such as a bag or purse, without legal consent.
Trespass is an area of tort law broadly divided into three groups: trespass to the person, trespass to chattels, and trespass to land.. Trespass to the person historically involved six separate trespasses: threats, assault, battery, wounding, mayhem (or maiming), and false imprisonment. [1]
Battery is aggravated when using a weapon or dangerous object, when it results in disfigurement or serious physical injury. Assault and battery are classified as aggravated when directed towards a person with special status such as a law enforcement officer or elderly person. Assault becomes aggravated given the intention to murder or rape.
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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]