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What Is The Difference Between An Assault And A Battery?

The way people talk about assault and battery is like they are lumped together at the court, although they are really different. Battery is the actual physical contact, whereas assault is not technically physical contact. It could be physical contact, or it could merely be the threat of physical contact, so if someone was holding a phone in their hand, and another person slapped the phone out of their hand or snatched it away from them, it would be considered an assault because it was physical contact. If someone merely got in someone’s personal space and shouted at them or balled up their fist and got very close to them, daring the person to do something, then that would also be seen as an assault even though there was no physical harm. Battery, on the other hand, always involves physical contact.

Would It Be Considered An Assault Or Perhaps Trespass If Someone Threatened Someone?

It could be an assault if it looked like there would be real physical harm. It would not be considered an assault or battery if someone called another person on the phone and threatened them, because there would be no imminent threat or fear of physical harm because a person cannot actually be harmed through the phone. If the people were together and it looked like someone was about to get harmed, or in fact one person touched the other person in some way, then that would be the difference. A person can’t just say it from a distance or shout it from across the football field; they actually have to be running at the person shouting it from across the football field so that it looks like something is going to happen and that it is imminent, in order to be considered an assault or battery.

What Would Be The Minimum Amount Of Injury Or Contact Needed For An Assault Charge?

Usually, there is an injury with actual physical pain associated with it or some disfigurement. A person does not actually have to have any injury for an assault charge, so if someone slapped a phone out of someone else’s hand or took it away from them or slapped a drink out of their hand or poured the drink in the person’s lap or pushed their plate in their lap with no physical harm done, it was just offensive, then the key is not so much whether there was an injury, but that there was an offensive threat or offensive contact. There could be an assault with two people who are never injured, simply because one threatened the other one or did something which was purely offensive like messing up their hair, pouring a drink down their lap, messing up their tie or getting in their way.

What Are Some Of The Common Misconceptions People Have About Assault Charges?

A common mistake made by someone who is stopped by the police after having been accused of an assault or a battery is to try to talk their way out of it, and to try to explain everything and show how reasonable their actions were. If someone wanted to defend themselves from an assault or a battery charge, it would be a mistake to try to explain how the other person may have had it coming or to try to show in any way that they were reasonable in their approach before they actually hit somebody. It is a common misconception that it is justified to hit someone just because they said something offensive to someone. The police will charge the person who makes the first physical contact and they will not care if the person who got hit was rude, belligerent or combative. The person making the first contact is the one who will get charged, so it is a misconception to think that someone can get out of it by talking about it.

Another common misconception is that the police will not charge a person or convict them just because it has not happened before. The person will be arrested if they harmed someone, regardless of it being the first time. In the case of a married couple, they will make one member of the couple leave the house for a few days or they might even order that person to stay away for a period of time.

Another misconception is that a person will be okay if they did not mean to hurt someone as badly as they got hurt, or they think it will be considered a simple assault even though the person was seriously hurt because of what they did. The intention is really not the most important thing, so if someone just meant to scare someone a little bit or they just meant to push them but in fact, they fell over, broke an arm or poked their eye out, then those are things which would cause someone to be charged with the more aggravated offense of malicious wounding or assault by mob or something on those lines. What the person intended would not matter; what would matter most would be what a reasonable person would think may happen.

What Is An Example Of The Typical Scenario Involving Assault With Regards To Time, Place And People?

There are basically two main scenarios with all kinds of variations. The first scenario is young people who get in a fight, maybe on a street or in college and they know each other. They get on each other’s nerves and have too much ego to let an offense go by, so they get into a fist fight. This is usually a simple assault because it usually does not involve weapons. Fights in urban areas or the inner cities wind up involving weapons and are more serious than just simple assault. Someone pulls out a gun and another person pulls out a knife. Someone cannot let the other person beat them up so they will use weapons and will harm them. The cases I mostly see are when they just start off so they can be charged as a simple assault.

The second scenario is in the home. A husband and wife get into a fight, and someone assaults the other, or it could be a parent and child, where one of the two commits an assault. These kinds of assaults tend to happen more frequently when people get in close proximity. During the winter time when people cannot get out as much, they wind up having frayed nerves more often and get in more domestic assaults or on the road when there is a lot of heavy traffic. People also get into assaults late at night when they are in bars. A lot of the time, this is when young people get in assault situations. It is easy to look at these situations and figure out when it is most likely to happen because no good thing happens after midnight and that really is good advice for young people. A lot of bad things happen after midnight, and assault is one of them.

Is There A Typical Age For Individuals Who Are Charged With An Assault Charge?

There might be no typical age group, but assault charges seem to be more common among young people under the age of 25 who are not settled yet, don’t have any strong relationships yet and certainly do not have a family yet. A more immature group is more likely to take offense quicker and do more in response to a perceived offense. A lot of times people are just too cocky for their own good. Offenses can be more personal to them, so when it comes to assault, you will find that it is usually done by people who take offense easier. The second group of people where assaults happen the most isn’t an age group; it’s married people in close proximity to their spouse or people with problems in their relationships at home.

For more information on Assault And Battery, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (703) 691- 4366 today.

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