What Is Assault And Battery

Michigan Assault and Battery are two violent crimes that involve threatening harm or causing actual harm to another person. In some states, assault and battery remain two separate crimes, while others have slowly merged the two into one general crime. Many states apply a more serious charge of aggravated assault or battery when severe injury occurs or the act is committed with a deadly weapon.

In an act of physical violence by one person against another, "assault" is usually paired with battery. In an act of physical violence, assault refers to the act which causes the victim to apprehend imminent physical harm, while battery refers to the actual act causing the physical harm.

Assault: Definition

The definitions for assault vary from state-to-state, but assault is often defined as an attempt to injure to someone else, and in some circumstances can include threats or threatening behavior against others. One common definition would be an intentional attempt, using violence or force, to injure or harm another person. Another straightforward way that assault is sometimes defined is as an attempted battery. Indeed, generally the main distinction between an assault and a battery is that no contact is necessary for an assault, whereas an offensive or illegal contact must occur for a battery.

Battery: Definition

Although the statutes defining battery will vary by jurisdiction, a typical definition for battery is the intentional offensive or harmful touching of another person without their consent. Under this general definition, a battery offense requires all of the following:

intentional touching;

the touching must be harmful or offensive;

no consent from the victim.

In an assault or battery case there are important defenses that may apply, especially in cases where two people were involved in a mutually heated exchange. If you or someone you know is concerned about a criminal assault or battery charge, it's critical to contact a criminal defense lawyer as early as possible to better understand the charges and the possible penalties that come with a conviction.

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