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 What Is the Difference Between Assault and Battery

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PostSubject: What Is the Difference Between Assault and Battery   What Is the Difference Between Assault and Battery EmptyTue Sep 06, 2011 7:49 pm

<! -- google_ad_section_start -->Although assault and battery in many cases are paired together as one particular offense, these terms have a pair of different legal meanings and may occur separately. An assault describes an illegal and deliberate threat to cause bodily harm to another person. Even when there is no actual contact between the people involved, an assault may still have taken place. For example, if someone points a new toy water gun at another person they might be liable for assault even though the "weapon" was just a toy. Battery refers to the intentional touching of a person against that person's will. Touching someone else in an offensive or inappropriate means can constitute a battery, even if it does not cause injury. It may include touching with an objective, another person, or a substance flung through the air. For example, someone who spits one another person, or throws a wine glass of water on another person, has committed a battery despite the fact that no physical injury would likely result from the unpleasant incident. Similarly, a person who pokes his/her finger into another woman's chest to accentuate their argument could be guilty of battery.
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An average example of an assault would add a person swerving toward another person with their car, pointing a loaded firearm or knife at someone else, or holding their fist to another person's face. Conversely, a battery implies that there was some kind of contact between those involved. Here is a straightforward example: If a woman chases her boyfriend throughout the house with a baseball bat in her hands, it's considered assault. If she catches as much as him and hits him with the bat, the charge turns into battery. Assault is legally deemed a violent crime against someone else. However, most assault cases only result in a misdemeanor charge. This happens because assault is usually understood to be an attempt to shell out battery, without the stop product of serious actual physical injury. While simple assault is recognized as a misdemeanor, "aggravated assault" is classified like a felony and treated as a more serious crime. A good example of aggravated assault would get assault that involves the use of a deadly weapon. When the assault in question involves a officer, it would also be considered more serious and the offender could face a tremendous amount of jail precious time. In most cases, battery leads to a misdemeanor charge. Nevertheless, in cases of "aggravated battery" there's heightened felony charge. Charges of aggravated battery often lead to irreparable damage or permanent disability for the victim. Legally, there are only three possible excuses designed for assault and battery. These include cases where the act was one regarding self-defense, incidents in that your act can be verified accidental, and cases where the element of consent was initially involved. If you have been the victim of a particular assault and/or battery, you have most almost certainly suffered both emotionally and physically consequently. Retaining an experienced personal injury attorney is the only way for you to recover damages caused simply by an assault or battery pack. You may qualify designed for compensation for lost salary, medical expenses, impaired future earning capacity, pain and suffering, and in various cases, punitive damages. Within particularly brutal cases, punitive damages are granted in the expense of the assailant. If you or a loved one have been injured due to an assault and/or battery, contact an experienced personal injury lawyer today to discuss the case. ________________________________ Gary Susak is a personal injury lawyer in Portland, Oregon. The personal injury lawyer at Susak & Powell have over 100 years combined legal experience. If you are in need of an assault and electric lawyer in Portland, Oregon contact our offices today for the free initial consultation. <! -- google_ad_section_end -->


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