Assault and Battery – Personal Injury Law Basics - By: jeffmckinley

Assault simply means intent to bring harm to another; battery is the actual physical harm delivered in an assault on a person. These are crimes known as “intentional torts,” as one does intend to deliver harm to another. The two terms are not interchangeable, although they are often used that way. Assault does not include touching another in its intent, but it does mean that another has an apprehension that they will be harmed, and that the aggressor has the ability to do this harm. The intended victim feels threatened. Battery, on the other hand, carries no requirement that the victim is in apprehension of harm, but does mean that the victim has been touched in a harmful way or with force without any justification for the perpetrator doing so.

An assault is both a crime and a tort, and can incur both criminal and civil liability to the one committing an assault on another with intent to do harm. With a civil liability conviction, the victim may be awarded monetary compensation. A criminal conviction could bring fines, jail time, or both. In most cases, the amount of compensation the victim is entitled to if a conviction of assault is reached, varies in amount in direct relation to the nature and extent of the assault. Put another way, the greater the damage intended in assault, the greater the victim’s compensation may be, or the perpetrator’s prison time or fines may be.

Battery almost always follows an assault, but it does not require it. The type of intent involved will define battery as a crime or as a civil tort. A criminal battery requires the presence of a criminal intent to do wrong – that is, to cause a harmful or offensive contact. Accordingly, a defendant found guilty of the crime of battery is often sued by the defendant in a civil action for the same offense/incident. In cases where criminal battery is a repeat offense, such as in domestic abuse, the penalties will likely be more severe given the severity of the repeated battery.

About the Author

If you’re looking for http://www.matthewtmillerlaw.com/”>Family Law Attorney in Muskegon MI , Attorney Matthew T. Miller knows the ins and outs of these laws, and is more than capable of assisting you with any legal claim regarding assault and battery. Contact us today if in need of prompt, aggressive legal action to settle your claim – call at 231-726-3333.

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