Assault and Battery: Crimes of Physical Violence

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Assault and battery.

Following is an overview of two crimes related to physical violence: Assault and battery.

Assault: A Crime of Physical Violence Against Others

Assault is a crime of physical violence against another person. It may refer only to the threat of violence caused by a threat or the immediate show of force. Assault is often defined to include not only violence, but any physical contact with another person without their consent.

Assault can come from someone who is very close to the victim or one who whom he or she trust blindly, domestic violence is one of the biggest examples of this type of assault. Generally, domestic abuse can come from a parent, life partners, sibling, fiancés or significant other. Frequently, domestic abuse is difficult to move past because most of people forget and forgive the person whom he or she love.

Next to this is sexual assault, it  is a violent act that can affect both males and females. Near about, 25% of all women will be subjected to sexual assault during their lifetimes and most of them are assaulted by their own life partners. Most commonly domestic exploitation, come from someone close and trusted by the victim, or from a stranger (in the form of blackmail etc.). Sexual assault on women can damage her future sexual drive, besides putting her at risk for pregnancy. Men, also can suffer from hypertension and mental struggles due to this aggressive act.

Provoked or aggravated assault is one that is made with a deadly weapon or tool, like a gun or a knife . If someone is holding a gun in his hand and threatens to shoot unless the woman submit to rape, however he does not commit the actual crime, but he can be charged with aggravated assault. On the other hand, normal assault is threatening to sexually, physically or otherwise abuse a person without hitting him with a deadly weapon.

Another type of assault called, motor vehicle assault is quite different from the ones detailed above. Motor vehicles are considered to be deadly and dangerous weapons, in these types of cases. In this case person drives in such manner or deliberately try to run over someone, keeping negative intention in his mind. Definitely, if someone is driving with irresponsible nature without caring for the safety of others around him, he can be ticketed and taken to jail because of the motor vehicle assault.

In addition to this,  negative comments, staring or pointing could also be considered as assault these days. If someone has been charged with one of these types of assault, it is usually more difficult to prove in a court of law.

Battery: Causing Injuries and Unwanted Physical Contact on Others

What is Battery?

Battery is a crime that is an injury or other unwanted physical contact upon a person in such a manner that is likely to cause bodily harm.  The crime of Battery is often charged in conjunction with the crime of assault, as “assault and battery”.

What does a private investigator need to know?

A private investigator may be called upon to investigate cases that involve assault and battery charges. This would most likely be in relation to a civil case or charge. Detectives need to know the laws and punishment for such a crime in their local area, and be able to communicate the severity of the charges to their client.

For more legal definitions, visit our Glossary of Legal and Investigation Terms.

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