Essay On Assault And Battery

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"Assault and Battery" Assault and battery are two separate crimes. Assault is when a person tries to injure another person. Battery is when the criminal actually injures another person. These terms are usually coupled together and used as one offense. A person can commit assault and not commit battery. Furthermore, a person cannot commit battery without assaulting the victim. The Virginia law code states that when a "simple" assault and battery occurs, the criminal will be guilty of a Class 1 misdemeanor. But when a person intentionally picks out another person because of his "race, religious conviction, color, or national origin," the penalty will be a minimum term of six (6) months and thirty (30) days in prison. There are different types…show more content…
While contact is an essential element of battery, there must be an absence of contact for assault. Sometimes assault is defined loosely to include battery. Assault and battery are offenses in both criminal and Tort Law; therefore, they can give rise to criminal or civil liability. In Criminal Law, an assault may additionally be defined as any attempt to commit a battery. At Common Law, both offenses were misdemeanors. As of the early 2000s, under virtually all criminal codes, they are either misdemeanors or felonies. They are characterized as felonious when accompanied by a criminal intent, such as an intent to kill, rob, or rape, or when they are committed with a dangerous weapon. Intent Intent is an essential element of both offenses. Generally, it is only necessary for the defendant to have an intent to do the act that causes the harm. In other words, the act must be done voluntarily. Although an intent to harm the victim is likely to exist, it is not a required element of either offense. There is an exception to this rule for the attempted battery type of criminal assault. If a defendant who commits this crime does not have an intent to harm the victim, the individual cannot be guilty of the
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