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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.
Simple assault is a class A misdemeanor, but if physical contact occurs, the offense is a class D felony. If a deadly weapon is used or bodily injury is inflicted, it is a class C felony. [1] Threatening the government officials of the United States, particularly law enforcement officers, can in some cases fall under this statute. [2]
[8] [32] Both assault (fear of violence) and battery (infliction of violence) are included, [33] although it is possible to consider section 47 as creating two offences – one involving an assault, and one a battery. [32] "Occasioning" is generally taken to mean "causing" although John Gardner has argued that it is wider than that. [33]
A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. [1] The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that resulted in the confiscation of a convicted person's land and goods, to which additional punishments, including capital punishment, could be added; [2 ...
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:
This list of English criminal offences is a partial categorization of English criminal law offences. ... battery (disputed - held to now be statutory, ...
Under English decision, Letang v Cooper, [14] intent is required to sustain a trespass to the person cause of action; in the absence of intent, negligence is the appropriate tort. In other jurisdictions, gross negligence is sufficient to sustain a trespass to the person, such as when a defendant negligently operates an automobile and strikes ...
The Government suffered a rebellion by 47 Labour MPs who wanted a total ban when the measures were passed in the Children Act last November. Mrs Marsh added: "Parents may find themselves, often in the heat of the moment, trying to decide how hard and where on the body they can hit their children to avoid prosecution for leaving a mark.