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Assault/Battery

Assault and Battery is a criminal offense.  It is the act of instilling fear in a victim that is followed by an act of violence.  Therefore the assault part of the charge is the act of causing someone to fear that they will be struck, and the battery is the act of physically striking an individual.  Together it is the criminal charge of assault and battery.  It’s important to understand that a direct strike to the victim is not the only way that battery may be committed.  If someone threatens to assault a person than indirectly throws an object that hurts the victim, the charge would be assault and battery.

Assault may be described as a threat to a victim of causing bodily harm or injury. It may also include an intentional or direct threat or a situation that would cause the victim to fear for their safety.  Assault and battery also includes the implication that the attacker would be able to carry out the threats of bodily harm or injury if there were no intervention.

Battery can be defined as striking or physical causing harm or injury to another person. It’s important to realize that the victim does not have to suffer a serious injury to be battered.  Sometimes, just an attacker using force to intimidate their victim can result in a charge of battery.

There are certain situations where someone may become injured due to the actions of another, however the use of force is justified and will not constitute a charge of assault and battery.  An example of this may be when two or more people are playing contact sports and one becomes injured during the game.  Though the actions of another person may have caused the injury, all players had previously consented to playing in the game.  If you are concerned as to whether or not charges against you are substantiated, you will need to see a criminal defense attorney at once.

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