- assault and battery
Law.an assault with an actual touching or other violence upon another.[1580-90]
* * *Related but distinct crimes.Battery is the unlawful application of physical force to another; assault is an attempt to commit battery or an act that may reasonably cause fear of imminent battery. With manslaughter and murder (see homicide), these concepts are articulated to protect against rude and undesired physical contact or the threat of it. Battery requires no minimum degree of force, nor does it need to be applied directly; administering poison and transmitting a disease may both be battery. Accidents and ordinary negligence are not, nor is reasonable force used in the performance of duty (e.g., by a police officer). See also rape.
* * *▪ lawrelated but distinct crimes, battery being the unlawful application of physical force to another and assault being an attempt to commit battery or an act that causes another reasonably to fear an imminent battery. These concepts are found in most legal systems and together with manslaughter and murder are designed to protect the individual from rude and undesired physical contact or force and from the fear or threat thereof.No minimum degree of force is necessary to constitute a battery. A mere touch is sufficient. And force need not be applied directly. It is battery if one strikes a person's cane or horse, administers poison or drugs, or communicates a disease.An accident or ordinary negligence that results in injury is not criminally punishable as battery unless it occurred during the commission of another unlawful offense. Generally, one does not commit battery unless one acts with intent to harm or with gross criminal negligence involving a high degree of carelessness. Even then such action may be justified if it is for the purpose of the defense of others or of property, or if it is in self-defense (q.v.). Reasonable force may be used in the performance of duty, as, for example, by a police officer, without constituting battery.Assault is a crime of attempt, the purpose of the law being to deter a possible battery by punishing conduct that comes dangerously close to achieving a battery. As with most crimes of attempt, a clear line cannot be drawn between a criminal assault and conduct that is merely preparatory to an assault. There must be an intent to harm, but the intent is not sufficient if it produces the mere possibility of harm or the threat of battery in the distant future. Rather, the intent must be evidenced by an imminent danger, some overt act that threatens battery. Thus, words or intentions alone do not constitute assault.England, the civil-law countries, and some American states define certain types of assault (such as assault with a deadly weapon or with the intent to commit robbery or rape) as “aggravated assault.” The resulting battery is also called aggravated, and both crimes are assigned higher penalties than regular assault and battery.
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Look at other dictionaries:
assault and battery — n: assault (2) Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. assault and battery … Law dictionary
Assault and battery — may refer to: * Assault and battery is the combination of two violent crimes: assault (the of violence) and battery (physical violence). This legal distinction exists only in jurisdictions that distinguish assault as threatened violence rather… … Wikipedia
assault and battery — n. Law the carrying out of threatened physical harm or violence; an unlawful beating … English World dictionary
assault and battery — noun an assault in which the assailant makes physical contact • Syn: ↑battery • Hypernyms: ↑assault • Hyponyms: ↑resisting arrest * * * noun [noncount] law : the crime of threatening and physically hitting or attacking someone * * * asˌsault an … Useful english dictionary
assault and battery — n. (legal) to commit assault and battery * * * (legal) to commit assault and battery … Combinatory dictionary
assault and battery — N UNCOUNT Assault and battery is the crime of attacking someone and causing them physical harm. [LEGAL] … English dictionary
assault and battery — assault′ and bat′tery n. law law an assault with an actual touching or other violence upon another • Etymology: 1580–90 … From formal English to slang
assault and battery — noun The combination of two violent crimes: assault (the threat of violence) and battery (physical violence). This legal distinction exists only in jurisdictions that distinguish assault as threatened violence rather than actual violence … Wiktionary
assault and battery — as.sault and battery n [U] law the crime of threatening to attack someone physically and then attacking them … Dictionary of contemporary English
assault and battery — as,sault and battery noun uncount LEGAL the crime of threatening someone and then physically attacking them … Usage of the words and phrases in modern English