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Much confusion can come between the terms "assault" and "battery". In everyday use the term assault may be used to describe a physical attack, which is indeed a battery. An assault is causing someone to apprehend that they will be the victim of a battery. This issue is so prevalent that the crime of sexual assault [3] would be better labelled a ...
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.
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.
[9] [10] The result is that in many of these jurisdictions, assault has taken on a definition that is more in line with the traditional definition of battery. The legal systems of civil law and Scots law have never distinguished assault from battery. Legal systems generally acknowledge that assaults can vary greatly in severity. [11]
A murder, defined broadly, is an unlawful killing. Unlawful killing is probably the act most frequently targeted by the criminal law. In many jurisdictions, the crime of murder is divided into various gradations of severity, e.g., murder in the first degree, based on intent. Malice is a required element of murder.
Felonies include the most serious crimes such as murder and treason. In addition to the trial that decides innocence or guilt, there is a separate trial (after one is convicted) that determines the punishment(s) for the criminal charges committed. [2]
And it is then possible to consider degrees and aggravations, and distinguish between intentional actions (e.g., assault) and criminal negligence (e.g., criminal endangerment). Offences against the person are usually taken to comprise: Fatal offences Murder; Manslaughter; Non-fatal non-sexual offences Assault, or common assault; Battery, or ...
In ordinary language, a crime is an unlawful act punishable by a state or other authority. [1] The term crime does not, in modern criminal law, have any simple and universally accepted definition, [2] though statutory definitions have been provided for certain purposes. [3]