To make sure your calendar, event reminders, and other features are always
correct, please tell us your time zone (and other details) using the
drop-down menus below:
Set Date/Time format:
In 12 Hour format the hours will be displayed as 1 through 12 with “a.m.” and “p.m.”
displayed after the time (ex. 1:00p.m.). In 24 hour format the hours will be displayed as 00 through 23 (ex. 13:00).
You can always change your time zone by going to your Account Settings.
Use the dropdown menu to view the events in another time zone. The primary time zone will be displayed in parentheses.
Use the dropdown menu to view the events in another time zone. The primary time zone will be displayed in parentheses.
Visiting Medlin Law Firm(username: medlinfirm11)
Create a new Discussion Topic
Tag
Please wait...
Select a Color
Manage Applications
Check the items that you want displayed. Uncheck all to hide the section.
Calendars
Files
Addresses
To Dos
Discussions
Photos
Bookmarks
The “Switch Navigator” button will no longer be available after February 14, 2017.
Please learn more about how to use the new Navigator by clicking this link.
Understanding The Essential Elements Of Assault And Battery
Definition Of Assault
The term assault describes a type of criminal activity in which one person physically or verbally attacks another. In most state laws, assault is defined as the intentional and unlawful use of force against an individual without their consent. It can be classified into two types: simple assault and aggravated assault, depending on the severity of the crime.
Simple assault is generally considered a misdemeanor offense. Aggravated assault can often result in felony charges. It must be proven that they intended to cause harm to another person. The damage could be physical contact or verbal threats.
The primary elements associated with an assault charge involve intentionality, harm, and contact or threat of contact. Intentionality refers to whether the accused meant to cause injury or was negligent in their actions. Harm requires proof that physical injury occurred due to the incident. Proof could be minor scratches or broken bones, depending on the severity.
Definition of Battery
A battery is an intentional and offensive physical contact that can be prosecuted under criminal law. To prove battery, prosecutors must demonstrate that a defendant intentionally touched another person without their consent. And that this contact caused bodily harm or was offensive.
A simple battery generally involves physical contact that results in pain or discomfort and may result in minor or no physical injury. Aggravated battery, on the other hand, is an act that causes severe bodily harm or even death to another person. This type of battery is usually considered more severe than a simple battery. It typically includes some form of weapon, such as a firearm or blunt object being used during the attack.
The first element of a battery is intent. A prosecutor must prove that the defendant acted with intent to cause physical harm or offense. This means they had knowledge of their actions and intended for them to result in negative consequences.
Furthermore, the touching must have been deliberate. Accidental contact will not constitute a valid charge of battery.
Difference Between Assault And Battery
Assault and battery are two of the most commonly confused criminal charges. Though similar, distinct differences between assault and battery should be understood by anyone facing these charges.
Assault is an intentional act that causes another person to feel threatened or fear being harmed. This can include verbal threats, physical gestures, or other intimidating actions taken toward another person. Battery refers to actual physical contact with a victim without their consent, such as punching or hitting someone.
It's important to note that assault does not require any physical contact. Only the threat of physical harm must be present for an assault charge. A battery conviction requires proof that some offensive touching occurred without permission from the victim. Both felony and misdemeanor charges can result from either type of crime, depending on the severity of each case.
Examples Of Assault And Battery
Assault is an attempt to commit a battery while the battery is completing the act itself. An example would be if someone threatens to hit another person and takes a swing at them; this is assault. If the punch connects and makes an impact, then it becomes an act of battery.
Another example of assault might include threatening someone with a knife. In comparison, an example of a battery would be striking or pushing the victim with a knife.
Penalties For Assault And Battery
When someone faces criminal charges for assault and battery, penalties can range from minor to severe. Both of these offenses are serious crimes that are punishable by law.
Depending on the severity of the offense, penalties for assault and battery may be classified as misdemeanor or felony. Misdemeanor offenses typically include fines, community service, counseling sessions, and probation. Felony convictions can result in much harsher punishments, such as lengthy prison sentences, hefty fines, and restitution payments to victims. It even marks one's criminal record. In some cases, repeat offenders may be sentenced to longer prison terms than first-time violators due to prior convictions.
In conclusion, assault and battery are serious offenses, and it is essential to be aware of the elements that constitute a criminal act. Understanding the characteristics of assault and battery can help you protect yourself from being charged with these crimes. It is essential to seek legal advice from a criminal defense lawyer immediately if you have any questions about assault and battery laws in your area. Find in The Medlin Law Firm criminal defense what you need.
Attach this discussion to an event, task, or address
You can attach a link to this discussion to an event in your Calendar, a task in your To Do list or an Address. Check the boxes below for the data you want to
bring into the event’s or task’s description, and then click “Select text to copy” to have the next event or task you create or edit have the discussion text and link.
