Jump to content
SASS Wire Forum

Difference between assault and battery


Alpo

Recommended Posts

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

Link to comment
Share on other sites

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

Link to comment
Share on other sites

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. 

Link to comment
Share on other sites

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. 

Link to comment
Share on other sites

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. 

Link to comment
Share on other sites

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.

Link to comment
Share on other sites

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.

Link to comment
Share on other sites

Ned while watching On patrol Live last night that in PA, punching a guy is neither assault or battery. It’s Harassment. :wacko:

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.

 

Link to comment
Share on other sites

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 

Link to comment
Share on other sites

In support of Okies post and help further define:

 

The white granular material is A SALT

The other is A battery.

salt.webp

gettyimages-183056228-612x612.jpg

Link to comment
Share on other sites

Archived

This topic is now archived and is closed to further replies.

×
×
  • Create New...

Important Information

By using this site, you agree to our Terms of Use.