Search results
Results from the WOW.Com Content Network
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 ...
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.
However, the crime of assault can encompass acts in which no battery is intended, but the defendant's act nonetheless creates reasonable fear in others that a battery will occur. Four elements were required at common law : [ 63 ]
In cases of assault and battery [ edit ] In the United States, provocation is rarely accepted as a complete defense, but state courts have ruled that it is still a mitigating factor in matters of assault and/or battery where the sentence can be reduced or the crime lowered to a lesser charge. [ 21 ]
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.
Violent crime is crime that involves an act of violent aggression against another person. [58] Common examples of violent crime include homicide, assault, sexual assault, and robbery. [59] [60] Some violent crimes, such as assault, may be committed with the intention of causing harm. Other violent crimes, such as robbery, may use violence to ...
A violent crime, violent felony, crime of violence or crime of a violent nature is a crime in which an offender or perpetrator uses or threatens to use harmful force upon a victim. This entails both crimes in which the violent act is the objective, such as murder , assault , rape and assassination , as well as crimes in which violence is used ...
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]