There is a fine line between Assault and Battery, even though most think of the two as one and the same. Assault occurs when a person displays an action that may invoke fear of harm in the other party. So assault does not necessarily involve actual physical harm. It does, however; involve intentional threatening actions that may create a situation of potential harm or apprehension. Battery, on the other hand, does involve actual physical harm on an individual.
One common factor between the two is that they are pursued via Civil Law and not criminal law. Civil cases require the defendant if found guilty, to compensate the plaintiff. The compensation may be in the form of monetary value or any other form that may cover the damages caused. However, the question remains, what are the key differences between an assault, or an instance of battery? When should you take legal action? And what exactly does the legal action entail? Let us take a look.
A Claim Of Assault
The definition of assault may differ in each state in America. California is a state that takes assault cases and claims very seriously. Hence, before walking into a courtroom or stating a legal charge against someone, it is imperative to know exactly what you are filing against. The best way to do this is by consulting the Los Angeles Assault And Battery Attorneys .According to Tort Law, an assault is referred to as an attempt of violence, or an attempt to cause harm. However, the key concept that involves a case of assault is the reasonable apprehension caused by the attempt of violence. Notice the usage of the term, reasonable. This means that the victim is aware of the intended harm, and believes that the action would have resulted in physical harm.
Another key factor that may result in a case of assault is the intended harm. The harm can be a form of a threat of unwanted physical harm or contact such as rape. The case can be termed as a more serious one if the threat was made while the defendant was wielding a weapon.
A Los Angeles Assault and Battery Lawyer may provide sufficient help and legal relief they are well versed with such issues.
A Case Of Battery
Battery can be defined as the intentional touch or forceful contact against another person that may be offensive, or result in physical harm. They key factor that leads to a case of battery is the intentional touch that may either be offensive or harmful to the other party. Notice, there is physical contact, hence distinguishing and differentiating a case of battery from assault. Furthermore, the contact usually occurs without the consent of the plaintiff or victim.
The harm caused does not only have to be physical, but mental and emotional as well. Physical harm can be when the defendant causes bodily harm to the plaintiff, either by punching them or shoving them forcefully. Emotional harm involves cases of unwanted sexual contact. This may cause emotional distress to the plaintiff, and can also be classified as an offensive contact.
In conclusion, there are many other factors that come into play when dealing with cases of assault and battery. All factors should and will be considered in the court of law to ensure a just and legal action. Assault and battery cases in California are considered as serious crimes. If you seek any legal action and relief against any two cases, seeking a Los Angeles Assault And Battery lawyer is the way to go. Or you can consult with Los Angeles Assault And Battery Attorneys for guidance and direction.
Assault involves an intended attempt to cause harm, whereas, battery involves actual harm either physically, mentally or emotionally. What differentiates the two is that with assault, there is no actual harm but reasonable apprehension. Battery, on the other hand, involves forceful contact that may be offensive or harmful in nature. An act of battery is usually preceded by an act of assault, hence the confusion between the two terms.