Most people have heard of the crime "assault and battery." Actually, assault and battery are two separate offenses: an assault (the threat to strike) and a battery (the actual strike). A battery is the intentional offensive touching of another person. It may be a punch to the chest or simply pointing a finger that touches the chest, but it must be intentional. Accidentally bumping into someone on the street is not intentional. A battery must be offensive. An attention getting tap on the shoulder is not offensive. Any touching, however minor, is a battery under the law if it is intentional and offensive. An assault only requires the threat of the offensive touching of another person. It is not illegal to raise one's arm with the hand in a fist. However, if the act is preceded by circumstances that would cause another person to believe reasonably that he/she is in danger of being injured, then an assault has been committed. As long as there is an overt act and the victim believes attack is imminent, then assault is committed, even if someone prevents the assailant from attacking or the assailant decides not to attack. For example, assume that someone verbally threatens to cut you with a knife and then reaches into their pocket just as they step toward you. Although you cannot readily determine they have a knife, you are legally permitted to defend yourself on the assumption that they do have a knife, since their actions would convince any reasonable person that they do have a knife and intend to commit bodily injury. Even if they are bluffing, you have acted justifiably if you defend yourself. The state may charge a person with either an assault or a battery. However, since an assault must logically precede a battery, many states call a battery an "assault and battery." When the threat to you ends, your right to self defense also ends. Assume I have attacked you, beaten you up, and have stopped and walked away. What do you do now? The only thing you can legally do is report the attack to the police. Under the law, if I am walking away, I am no longer a threat to you, so your right to self defense terminates. | | Assault & Battery How should you protect your self when attacked? Use of Force Pepper Spray Take a Self Defense Class Tips for Women Back to General Safety Page |
Calendar