Assault and battery are two terms commonly used in criminal law. they are essentially two components of a single offense.
Assault involves the following:
- An intentional threat to cause bodily injury to another person
- Creating fear in the person of imminent peril.
An assault can be completed even if there is no actual contact with the plaintiff, and even if the defendant had no actual ability to carry out the apparent threat. For example, if the defendant points a gun at another person, he has committed assault, even if he did not intend to fire the weapon.
A battery is the willful or unlawful touching of a person against that person’s will. An offensive touching can constitute a battery even if it does not cause injury. Wrongful touching may also be indirect (For example, throwing a stone at someone, or spitting at another person).
In order to be charged with assault or battery, the defendant must lack “privilege”. This includes:
- Self defense: A person can protect himself from harm by another person, provided the act of self defense is within limits. However, if the act is disproportionate to the threat, one can be charged.
- Defense of others: A person assaulting an attacker to defend another person is similar to an act of self-defense. This usually applies to the protection of one’s own family member.
Defense of property: In some jurisdictions, one can use force to prevent his or her property from being trespassed upon. However, the law is different in different places. |
