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Assault and battery

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Assault and battery can be prosecuted as either a misdemeanor or a felony - depending upon the nature and seriousness of the injuries. Assault is the threat of violence upon another person. A person need not be injured to be the victim of an assault. Words alone do not constitute an assault. There must also be some action and intent behind the words.

Battery is any offensive touching. A punch, grab or improper bumping can constitute a battery if the act is done with the intent to harm. If an assault occurs by the use of a gun, knife, car, or any object used as a weapon (hands, feet, pool cue, chair leg, telephone receiver, shoe, etc.), the crime may be charged as a felony assault with a deadly weapon.

Defense to assault and battery

A common defense to assault and battery is "self defense". If a "reasonable person" in similar circumstances would feel threatened by an attack, that person may use all force reasonably necessary to prevent injury.

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