Wednesday, February 26, 2020

Assault, Battery, and Crimes against Persons Assignment

Assault, Battery, and Crimes against Persons - Assignment Example This means that there are different degrees of battery depending on the seriousness of the harm inflicted. Assault is not considered anything beyond threats without any physical harm. However, the reason why most of the jurisdictions consider both crimes together is because when one commits battery, they first have the intention of causing harm followed by threats and then they the physical harm is caused. While assault is executed verbally, battery goes beyond to involve both verbal and physical harm (FindLaw, 2014). To draw a clear distinction between battery and assault an example is ideal. An example of an assault is seen when an individual intimidates another and threatens to kill them. However, the person threatening the other does not inflict any physical harm to them. On the other hand, the case of (A) can be regarded as battery where the attacker inflicts harm to (A) by dragging him and ripping off her clothes. The action taken by (A) cannot be considered as assault neither battery since he was on self-defense when he hit the attacker with a rock and ran away. The attacker should be punished for having committed both battery and assault to (A). This is because he had the intention to harm and went ahead to engage in a physical act that was geared towards causing fear and bodily harm to (A). The actions of (A) cannot be regarded as either assault or battery because they were attacked and reacted to the actions of the attacker by using a self-defensive mechanism. The assault and consequent battery against (A) could be narrowed down to consensual touching if the attacker did not inflict any form of harm or create any fear of harm to (A). This is based on the view that the attacker did not have any evil motive of inflicting injury to (A), neither did they attempt to harm them verbally. In consensual touching, the victim (A), should be willing to talk to the attacker without being forced to do

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