Assault and Battery

Assault and battery.

An Overview of Assault and Battery Crimes

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 violence, but assault may include any physical contact with another person without their consent.

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

Sexual Assault

Next to this is sexual assault. Sexual assault is a violent act that can affect both males and females. Approximately 25% of all women will be subjected to sexual assault during their lifetimes. Often, it is their own partner or spouse who commits the assault. Most commonly, domestic exploitation comes from someone who is close and trusted by the victim. Or, it may come from a stranger (in the form of blackmail, etc.). Sexual assault on a woman can damage her future sexual drive. In addition, it may put 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 submits 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, the person drives in such a manner or deliberately tries 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 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 clients.

Questions and Comments

If you have any questions about assault and battery, please leave a comment below. For more legal definitions, visit our Glossary of Legal and Investigation Terms.

Michael Kissiah is the owner of Brandy Lane Publishing, LLC, which owns and operates a small portfolio of websites, including Michael created more than 20 years ago after working as a private investigator in the state of Florida. Since that time, he has become an expert at how to find information online and has written over 1000 articles on topics related to the investigation industry. In addition, he is the author of the "Private Investigator Licensing Handbook", available at


  1. I have a criminal restraining order however the person is in violation of the order I have a police report spoke to the District Attorney office for some reason charges have not been filed or is the report on file. What can I do to enforce the law and protect my family

    • I have the same problem Neigbor shot at me on my motorcycle a few years back nothing happen Neigbor shoot all the time mainly at night so you can’t sleep my dogs are spook and that’s been going on for year’s first time in my life I call the Cops and I’am 65 year’s old that’s when I call the Police shot a hole in my water tank above my bedroom I have the slug I even tried to put a citizen’s arrest not enough evidence the Police said what’s it going to take slug to my head “What’s The F if you have a # I can call please do so P.S Thank you and “God Bless This Mess “

  2. I was robbed on Feb 1st 2016 and assaulted on Feb 2- 62015 . I also was a victim if vandalism on may 15th. I reported also arson and theft in march and end of February. I need copies to show my insurance agents commission of insurance because I had full coverage insurance on my vehicle and my home. My name is Toni Brogan the incidents were at XXXX. My address is XXXXX. Can you send me copies of every incident police reports that are related to the address and my name. I really am trying to get back on my feet I am working with One Safe Place and Women Haven but my insurance claims have not been paid yet by my insurance that I have had for 3 years and never late in a payment. Please help me. I have contacted the commission of insurance and they need this information. Thank you Toni Suzan Brigan


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