Legal Question (another)

[BoatBuoy]

I often hear on the local news a reference to someone being arrested for battery, arrested for assault, or arrested for assault and battery. What is the difference between "assault" and "battery"? Curious minds need to know.

 

[SpinnerBait_Nut]

Re: Legal Question (another)

Originally posted by BoatBuoy:<br />What is the difference between "assault" and "battery"?

Oh I could run with this one but I won't BB. Good question though.

 

[Dunaruna]

Re: Legal Question (another)

I'm no legal eagle but I believe that 'assault' does not nessesarily involved physical contact.<br /><br />Aldo

 

[BrianFD]

Re: Legal Question (another)

 

[silenscurator]

Re: Legal Question (another)

We don't have that charge up here in Canada, what we have though is Assault, Assault with a weapon and Assault causing bodily harm. We keep it good and simple up here...well, when it comes to assaults anyways. there are also different sections for Se* assault and stuff too

 

[jinx]

Re: Legal Question (another)

If you swing and miss, it is assault. (Also covers other less physical intimidation)<br /><br />If you swing and hit then it is assault and battery.

 

[deputydawg]

Re: Legal Question (another)

In Nebraska we just have assault in either the first, second or third degree. If a weapon was used it is a felony. Third degree ranges from threats to physical contact without serious bodily injury. <br />My understanding is the main difference is the amount and kind of contact example closed fist as opposed to open hand slapping or pushing, and the amount of injury inflicted.

 

[NYMINUTE]

Re: Legal Question (another)

<br />I always thought battery was the use of an object to swing with such as a bat. Guns and knives being deadly weapons. I thing the swing and miss is assault like jinx said.

 

[matthews_jim]

Re: Legal Question (another)

I assault my fish before cook'en and i use my battery to start my boat motor.<br /><br />I use my 9mm Glock or .357 Ruger to take care of issues and problems.