Is There A Big Difference Between Assault And Battery?

Most of the states (all except Louisiana, to my knowledge) have adopted a "common law" method to their criminal justice system

. Without boring you with too many particulars, this simply means that many of our standard criminal laws are not formal laws (i.e., published statutes) at all. State legislators did not debate what the meaning of the criminal offenses ought to be, then vote on the proposed definitions, and then send the bills to the state governors for their signatures. They are simply legal definitions handed down from long ago rulings by English courts from when our country was an assortment of British colonies.

As an example, in Virginia, you will find no statutes that declare what legally defines larceny, robbery, arson, or even murder, for that matter. We get these definitions from the English courts of yesteryear. As citizens, we're required to understand these laws and their definitions. There's a common saying in criminal defense law, "ignorance of the law is no defense." This is true for those laws which have been enacted by our state governments in addition to those which are based in common law. Most people, however, can provide fine examples of the common law crimes; but few, if any, can give the legal definitions unless of course they've been to law school.

So, what is an assault? And how is it distinct, or is it different, than a battery? Technically speaking, there's a distinction. In reality, many states have equivocated the words by statute to mean the very same thing. A battery is defined as the intentional harmful or offensive touching of another. An assault may be defined as either an attempted battery, or the intentional placing of another in fear of harm.

By example, one commits a battery by picking up a baseball bat and intentionally striking another (provided, of course, the victim isn't a willing party). However, if that same person is swinging at a baseball and he inadvertently strikes someone else, that is not a battery simply because there was no intent to strike the other individual. One commits an assault by one of two means. They may intentionally swing the bat at another and miss, which would be an attempted battery; or they may merely hold the bat in a threatening manner to the other individual placing that individual in fear of being injured.

Another legal concept that is often used against those charged with assault and battery is that of "transferred intent". Simply stated if one intends to strike one person and inadvertently strikes another, that person's intent can be transferred to the person struck. In that situation, one can be charged with assault on the one (attempted battery) and battery on the other.

You cannot be charged with an assault and a battery for the same act on the same individual. The moment the assault (attempted battery) becomes a battery, the assaultive act is merged with the battery offense.

Although both assault and battery are misdemeanor criminal offenses and usually labeled "simple", you should speak to a criminal lawyer for assault and battery if you have been charged with either offense. They will be able to chat with you any potential defenses to the charge, including your objective during the act.

by: James Garrett

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