Assault and battery
Definition
Although colloquially used interchangeably, in many jurisdictions, assault and battery are distinct crimes. In such jurisdictions, assault (also called attempted battery) is a threat or physical act that creates a reasonable apprehension of imminent harmful or offensive contact, whereas battery is a physical act that results in that harmful or offensive contact. Assault is a lesser included offense of battery, meaning that assault merges into battery and that a defendant may be punished for one but not both crimes.
Illustrative caselaw
See, e.g. Claggett v. State, 670 A.2d 1002 (Md. Ct. Spec. App. 1996).
See also
Definition from Nolo’s Plain-English Law Dictionary
The combination of two crimes, of threat (assault) and actual beating (battery). Victims can also sue in a civil suit for the damages suffered as a result of the attack.
Definition provided by Nolo’s Plain-English Law Dictionary.
August 19, 2010, 5:11 pm
