Help with a Business Law question...

I am studying for Business Law and stuck with understanding 2 terms. I feel stupid asking such a question but I am at a loss. I have the Barrons Review, even did searches online and still cannot 'grasp' it.

What is the difference between 'assault and battery'???

To me, they are the same but there is definitely a difference.

Does assault mean NO bodily arm and battery does? ... can someone explain those 2 terms in plain English?

Thanks for the help!

Daisy

 

As a business major, lol, you are probably better off asking a lawyer or LLM student, but as I recall assualt can be verbal, wheras battery is the actual action, or the completion of the assualt.

W Parker

 

Assault vs Battery

I can answer this from a law enforcement standpoint.
Each state has it's own definition for these terms.

1. Assault. a verbal threat, one in which can be carried out.

2. Battery. a physical act on someone causing harm.


TomC

 

Here is the UCMJ version from Article 128 - Assault:

"An 'assault' is an attempt or offer with unlawful force or violence to do bodily harm to another, whether or not the attempt or offer is consummated."

"A 'battery' is an assault in which the attempt or offer to do bodily harm is consummated by the infliction of bodily harm".

I hope this helps.

 

Thanks everybody... now I get!

 

The posters are correct. It can get a LITTLE more complicated, though. Both assault and battery come in levels. A simple battery, usually a petty misdemeanor, is an intentional unlawful touching that is rude, insolent or angry. A battery that results in temporary painful disfigurement (i.e. bruising) is a higher level offense but usually not a felony unless a child is the victim. Battery that is committed in a manner to cause death or great bodily harm or with a deadly weapon is called aggravated battery and is a serious, penitentiary felony.

Assault comes in similar gradations.

I have tried many jury cases where the defense was not that the crime didn't happen but that the assault or battery was a lower level offense than that charged. These cases are usually kind of fun!