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Battery is defined by American common law as "any unlawful and/or unwanted touching of the person of another by the aggressor, or by a substance put in motion by them". In more severe cases, and for all types in some jurisdictions, it is chiefly defined by statutory wording. Assessment of the severity of a battery is determined by local law.
Threatening the government officials of the United States, particularly law enforcement officers, can in some cases fall under this statute. [2] It has been argued that the fundamental aim of this law was not to protect individual governmental officers, but to guard against the victimization of "government and its functions."
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.
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.
Pullease was charged in July with one count of battery on a law enforcement officer, a count of tampering with evidence, assault on a law enforcement officer, and assault on a handcuffed man. His ...
Generally, the common law definition is the same in criminal and tort law. Traditionally, common law legal systems have separate definitions for assault and battery. When this distinction is observed, battery refers to the actual bodily contact, whereas assault refers to a credible threat or attempt to cause battery. [8]
The agencies didn’t test backlogged kits in cases with a previous confession, guilty plea or conviction, or if the suspect’s DNA already was in the national database.
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