Assault And Battery

Assault and battery can be prosecuted as either a misdemeanor or a felony, depending upon the nature and severity of the injuries.

Assault is defined as the threat of violence upon another person. A person need not be injured to be the victim of assault. Words alone do not constitute an assault. There must also be some physical action combined with the intent to touch or harm another.

Battery is any harmful or offensive touching. A punch, grab or improper bumping can constitute a battery if the act is done with intent to harm. If the assault happens with the use of a gun, knife, car, or any object used as a weapon, the crime may be charged as a felony assault with a deadly weapon. A felony is prison for one year or more.

Defense To Assault And Battery

A common defense to assault and battery is “self defense.”

To prevail on self defense the defendant must show that a “reasonable person” under  similar circumstances would have felt threatened by such action.  The person using self defense is limited to using that degree of force reasonably necessary to prevent the assault.

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