Alpo Posted March 26 Share Posted March 26 Just trying to get this straight in my mind. If I try to hurt someone, that's assault. If I succeed in hurting them, that's battery. Right? So if I take a swing at somebody and miss, that's assault, but if I connect, that's battery. Women's basketball. Bowling Green versus Memphis. After the game, as the two teams are walking by shaking hands "good game good game", that kind of stuff, one of the Memphis players punches one of the Bowling Green players. Drops her down on the floor. Kapow. It says that after viewing the video of it, the Memphis player was charged with assault. Just seems to me that it would be battery. Right? https://amp.cnn.com/cnn/2023/03/24/sport/bowling-green-basketball-struck-memphis-spt-intl/index.html 1 Quote Link to comment Share on other sites More sharing options...
Loophole LaRue, SASS #51438 Posted March 26 Share Posted March 26 18 minutes ago, Alpo said: Just trying to get this straight in my mind. If I try to hurt someone, that's assault. If I succeed in hurting them, that's battery. Right? So if I take a swing at somebody and miss, that's assault, but if I connect, that's battery. Women's basketball. Bowling Green versus Memphis. After the game, as the two teams are walking by shaking hands "good game good game", that kind of stuff, one of the Memphis players punches one of the Bowling Green players. Drops her down on the floor. Kapow. It says that after viewing the video of it, the Memphis player was charged with assault. Just seems to me that it would be battery. Right? https://amp.cnn.com/cnn/2023/03/24/sport/bowling-green-basketball-struck-memphis-spt-intl/index.html The definitions of "assault" and "battery" vary from jurisdiction to jurisdiction. Kentucky appears to include wrongful bodily contact with resulting physical injury within the definition of "assault'' and given the facts of the case, it's probably a misdemeanor. 508.030 Assault in the fourth degree. (1) A person is guilty of assault in the fourth degree when: (a) He intentionally or wantonly causes physical injury to another person; or (b) With recklessness he causes physical injury to another person by means of a deadly weapon or a dangerous instrument. (2) Assault in the fourth degree is a Class A misdemeanor. Effective: July 15, 1982 History: Amended 1982 Ky. Acts ch. 429, sec. 2, effective July 15, 1982. -- Created 1974 Ky. Acts ch. 406, sec. 67, effective January 1, 1975. LL 2 Quote Link to comment Share on other sites More sharing options...
Pat Riot, SASS #13748 Posted March 26 Share Posted March 26 There are definitely different levels of assault and of battery and it does vary by state. In California, for instance (as I understand it) if you yell at someone and then punch them that is assault and battery, but it could also be assault with bodily harm or malicious assault. They actually break down the levels of “battery” to determine if it is battery or a level of assault and I just realized I am stepping into the zone of “you have no idea, so shut up now” so I will do that now. 2 Quote Link to comment Share on other sites More sharing options...
Colorado Coffinmaker Posted March 26 Share Posted March 26 A sault is something spread on food or the Driveway. Battery is what's used in Cell Phones and Kids Toys. 1 Quote Link to comment Share on other sites More sharing options...
Kid Sopris, SASS Regulator Posted March 26 Share Posted March 26 Assault is the lesser and included charge of battery. You can’t hit someone until you take the swing. Degrees of each is dependent upon the elements and or any injuries; and to what level those injuries rise to. In SASS terms, you can’t finish off the whiskey until you grab the bottle. Quote Link to comment Share on other sites More sharing options...
Okie Sawbones, SASS #77381 Posted March 26 Share Posted March 26 1 1 Quote Link to comment Share on other sites More sharing options...
Red Gauntlet , SASS 60619 Posted March 26 Share Posted March 26 In terms of civil law, traditionally assault meant the immediate threat, as in the display of fist or club, etc., and battery was the actual contact. In criminal law, it varies from place to place, but commonly 'assault' encompasses both the immediate threat and the contact, if there is contact. 1 Quote Link to comment Share on other sites More sharing options...
John Kloehr Posted March 27 Share Posted March 27 10 minutes ago, Red Gauntlet , SASS 60619 said: In terms of civil law, traditionally assault meant the immediate threat, as in the display of fist or club, etc., and battery was the actual contact. In criminal law, it varies from place to place, but commonly 'assault' encompasses both the immediate threat and the contact, if there is contact. I always assumed battery was actual contact, assault is threat of it. But I take your word as truth as you explained it above; it depends on jurisdiction. And I assume the actual charge -- and degree of charge -- depend on outcome (only verbal, a touch, a shove, a bloody nose, or flat out pounded into the pavement) and any escalations by either party leading to such outcomes. Quote Link to comment Share on other sites More sharing options...
Cyrus Cassidy #45437 Posted March 27 Share Posted March 27 Pard, I've mentioned this many times on the forum: Laws are different everywhere you go. Each state, county, or city will have its own definitions of crimes and what they each mean, so the answer is: It depends on WHERE you are talking about. Colorado has no such thing as battery, for example. On 3/26/2023 at 10:55 AM, Kid Sopris, SASS Regulator said: Assault is the lesser and included charge of battery. You can’t hit someone until you take the swing. Degrees of each is dependent upon the elements and or any injuries; and to what level those injuries rise to. In SASS terms, you can’t finish off the whiskey until you grab the bottle. Short answer: No. Long answer: Maybe, depending on WHERE. See my post above. Quote Link to comment Share on other sites More sharing options...
Utah Bob #35998 Posted March 27 Share Posted March 27 Ned while watching On patrol Live last night that in PA, punching a guy is neither assault or battery. It’s Harassment. Quote What is considered harassment in Pennsylvania is conduct with the intent to harass or annoy another person. It may include striking, touching, following, communicating and engaging in other conduct that serves no legitimate purpose. Pennsylvania law 2709 lists the different actions that may be considered harassment in Pennsylvania. Quote Link to comment Share on other sites More sharing options...
MizPete Posted March 27 Share Posted March 27 Assault is the threat. Battery is the execution. Quote Link to comment Share on other sites More sharing options...
watab kid Posted March 28 Share Posted March 28 On 3/26/2023 at 6:49 PM, Red Gauntlet , SASS 60619 said: In terms of civil law, traditionally assault meant the immediate threat, as in the display of fist or club, etc., and battery was the actual contact. In criminal law, it varies from place to place, but commonly 'assault' encompasses both the immediate threat and the contact, if there is contact. thanks , that was a nice clear explanation with the differentiation of the two areas of law nicely explained too , i had a good grasp of the two but this clears up the interpretations in each venue Quote Link to comment Share on other sites More sharing options...
Cold Lake Kid, SASS # 51474 Posted March 29 Share Posted March 29 (edited) In support of Okies post and help further define: The white granular material is A SALT The other is A battery. Edited March 30 by Cold Lake Kid, SASS # 51474 1 Quote Link to comment Share on other sites More sharing options...
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