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Topic: Assault and battery


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In the News (Fri 17 Feb 12)

  
  Battery (crime) - Wikipedia, the free encyclopedia
Battery is often broken down into gradations for the purposes of determining the severity of punishment.
Aggravated battery is generally regarded as a serious offense of felony grade, involving the loss of the victim's limb or some other type of permanent disfigurement of the victim.
As successor to the common law crime of mayhem, this is sometimes subsumed in the definition of aggravated assault.
en.wikipedia.org /wiki/Battery_(crime)   (350 words)

  
 Assault and Battery
In tort law, "assault" and "battery" are separate, with an assault being an act which creates fear of an imminent battery, and the battery being an unlawful touching.
Assault and battery are intentional torts, meaning that the defendant actually intends to put the plaintiff in fear of being battered, or intends to wrongfully touch the plaintiff.
Where the plaintiff voluntarily engages in a fight with defendant for the sake of fighting and not as a means of self-defense, the plaintiff may not recover for an assault or battery unless the defendant beat the plaintiff excessively or used unreasonable force.
www.expertlaw.com /library/personal_injury/assault_battery.html   (1096 words)

  
 Assault and Battery Lawyers - Assault Attorneys
Assault and Battery Assault and battery are actually two separate common law crimes, although the words are often used interchangeably and run together as a single expression.
Thus, assault and battery with a deadly weapon or with intent to commit some other crime, such as rape, are commonly punishable as felonies, while simple assault and battery are considered misdemeanors.
In some jurisdictions, it is an assault for one person to give another person reason to fear or expect immediate bodily harm-for example, if a woman threatens a man with a gun that she knows but he does not know is unloaded.
www.law4usa.org /assault_battery_lawyers.htm   (1839 words)

  
 Criminal law: assault and battery by GotTrouble.com
Assault and battery can be prosecuted as either a misdemeanor or a felony - depending upon the nature and seriousness of the injuries.
If an assault occurs by the use of a gun, knife, car, or any object used as a weapon (hands, feet, pool cue, chair leg, telephone receiver, shoe, etc.), the crime may be charged as a felony assault with a deadly weapon.
A common defense to assault and battery is "self defense".
www.gottrouble.com /legal/criminal/criminal_law/assault_battery.html   (152 words)

  
 Assault and Battery
Battery is committed when any person unlawfully and intentionally makes physical contact of an insulting or provoking nature with the person of another, or unlawfully and intentionally causes physical harm to another person.
Assault is committed when any person unlawfully attempts to commit a violent injury to the person of another or unlawfully commits an act which places another in reasonable apprehension of immediately receiving a violent injury.
Assault In The Commission of a Felony is committed when any person in the commission of a felony, or in the attempt to commit a felony unlawfully shoots, stabs, cuts or wounds another person.
www.state.wv.us /wvsca/jury/crim/assault.htm   (10342 words)

  
 Sexual Assault And Battery
All sexual assault and battery are alarming and repulsive, but rape and incest are the most frightening and have the severest consequences for the victim.
The goal of the Sexual Assault And Battery Unit is to provide multi-faceted services to victims of crime during a difficult, confusing and sometimes overwhelming experience.
The Sexual Assault And Battery Unit has a 24-hour hotline that is answered by the staff of the Sexual Assault Unit during the hours of 8:30 AM to 4:30 PM for reports of sexual assault.
www.lawviolations.com /sexual_assault_and_battery.htm   (606 words)

  
 San Jose California Assault & Battery Attorneys   (Site not responding. Last check: 2007-10-31)
Not all cases of assault and battery are clear so it is important to contact Randy Moore at 1-800-609-1060 to represent you and make sure that your legal rights are respected and you are aware of all of your options.
The overall circumstances leading up to the charges of assault and battery have significant impact on the defense of the case and the potential penalty that can be imposed.
Based on the severity of the assault and battery, the charge may be filed as a felony.
www.caliduilaw.com /p_Assault.shtml   (390 words)

  
 Assault and Battery, Virginia Assault and Battery, Virginia Criminal Law, Virginia Criminal Lawyers and Attorneys - ...
Virginia Code ยง18.2-57 codifies the offense of simple assault and battery as a class 1 misdemeanor; however, this code section relies upon what is called the common law to define the elements of the offense.
The common law definition of an assault and battery is an intentional harmful or offensive contact.
There are several ways to approach the defense to an assault and battery depending upon the individual facts of each case.
virginiacriminallawyers.vatrafficlaw.com /pages/assault-and-battery.html   (490 words)

  
 ASSAULT AND BATTERY
Aggravated battery is a criminal battery accompanied by circumstances that make it more severe, such as the use of a deadly weapon or the fact that the battery resulted in serious bodily harm.
Sexual battery is the forced penetration of or contact with another’s sexual organs or the sexual organs of the perpetrator.
Assault and battery is the threat of causing bodily harm and carrying out the threat by causing serious bodily harm.
www.cjhermanlaw.net /id28.html   (255 words)

  
 assault, battery   (Site not responding. Last check: 2007-10-31)
Popularly, assault almost always implies physical contact and sudden, intense violence.
Legally, however, assault means simply to threaten violence, as in pointing a pistol at an individual without firing it.
Assault and battery is the legal term when the victim was touched by the assaulter or something the assaulter put in motion.
www.stthomas.edu /jour/apstyle/assault_battery.html   (52 words)

  
 Assault and battery attorney law california aggravated-assault lawyer los angeles   (Site not responding. Last check: 2007-10-31)
Assault and Battery in the civil courts are intentional torts for which you can recover compensatory and punitive damages.
You are assaulted as soon as someone touches you without a lawful reason to do so, and when they put you in fear of violence.
Battery is the act of using force against another person which results in either bodily injury or offensive touching.
www.personal-injuries-law.com /assault_and_battery.htm   (192 words)

  
 Battery assault criminal defense lawyers madison wisconsin
Battery is a very serious criminal charge, and the penalties for anyone found guilty of committing battery range from a Class A misdemeanor to Class H felony, depending upon the charges.
Wisconsin's battery laws, which are separate from Wisconsin's assault laws (See Assault), include battery, substantial battery, and aggravated battery, as well as very specific laws regarding battery against an IRS agent, judge, witness, department of commerce employee, department of workforce development employee, school officer, or law enforcement officer.
If you are under investigation, or if you have been charged with battery, please call (608-284-1200) or email (attorneys@vanwagnerwood.com) the criminal defense lawyers at Van Wagner and Wood right away for a brief but professional “first impression” of your case.
www.vanwagnerwood.com /CM/Custom/Battery.asp   (707 words)

  
 The Law of Assault   (Site not responding. Last check: 2007-10-31)
Assault is either (1) an attempted battery or (2) the placing of the victim in apprehension of receiving an immediate battery.
Battery is the unlawful, unconsented touching of one human being by another human being.
The elements of RAPE are: (1) actus reus of penetration; (2) actus reus of use of force or threat of force; (3) the circumstance of nonconsent; and (4) mens rea of engaging in sexual activity by force or threat of force without consent.
faculty.ncwc.edu /toconnor/293/293lect09.htm   (1175 words)

  
 Orange County Assault and Battery / Assault with Deadly Weapon
For example, battery on a police officer (Penal Code § 243(c)), or battery on a spouse, or roommate (Penal Code § 273.5) have more severe penalties and can be charged as a felony which means you or you loved one is potentially facing prison time.
If you know someone, or if you are someone that commits an assault or battery in Orange County with the assistance of a weapon, then that might be alleged as an assault with a deadly weapon (Penal Code § 245) which is a much more serious charge.
An assault with adeadly weapon, or ADW, is punishable as a felony or a misdemeanor, and is considered a “strike” under the three strikes law in some circumstances.
www.theoclawyer.com /Assault-Battery.html   (567 words)

  
 Assault & Battery
However, assault and battery are distinct and separate terms and each may occur independently.
Assault or battery can be a felony or a misdemeanor, depending on the situation and severity of the injury.
For example, using a gun or knife while committing an assault or battery may cause the punishment to be more severe.
www.hashemilaw.com /assault.htm   (227 words)

  
 Assault and Battery
While references to "assault and battery" make it seem like the two acts are inseparable, within the context of personal injury law they are usually considered separate acts.
Both assault and battery are intentional torts, meaning that the defendant actually intends cause harm to the plaintiff, be that the fear inspired by the assault or the offensive contact resulting from the battery.
A battery may be indirect, caused by contact through a thrown stone, or spitting, and need not cause any harm beyond the contact itself in order to be actionable.
www.attorneys-usa.com /intentional/assault.html   (1254 words)

  
 3.10 ASSAULT AND BATTERY   (Site not responding. Last check: 2007-10-31)
A battery necessarily includes a preceding assault and in addition extends to the actual touching or striking of the person, with the intent to do so, with unlawful force or violence.
The terms violence and force mean the same thing when used in relation to assault and battery and include any application of force to the person of the plaintiff even though it entails no pain or bodily harm and leaves no mark.
No particular degree of force or violence is necessary for an assault and battery and therefore the least touching or striking of the body of the plaintiffSee footnote 1 without legal justification against his/her will constitutes an assault and battery.
www.judiciary.state.nj.us /civil/charges/310.htm   (1309 words)

  
 Assault On Battery Wagner
His goal was to capture the Battery and the remainder of the low, sandy, flea infested island (know locally as coffin island due to its use as a Lazzaretto and leper colony prior to the war).
The fort was held by a small garrison of Confederate Infantry and Artillary and protected by a narrow approach up the beach, constricted by a marshy creek which funneled the soldiers onto a strip of sand a few hundred feet wide.
The Swamp Angel Battery behind the island has been preserved.) The island's appearnce now, however, is similar to that it had during the war, low, sandy and covered with scrub growth.
www.randenterprises.com /rmaobw.htm   (455 words)

  
 Assault and battery - Martin v. Yeoham, 419 S.W.2d 937 (Mo.App. 1967)
We quote: "Where one person is injured by the discharge of a firearm in the hands of another, he may have an action for assault and battery, if the shooting was intentional; or he may have an action for negligent injury, if the shooting was unintentional and the result of negligence.
Co., Mo. Sup., 326 Mo. 555, 31 S.W.2d 769, an action for assault and battery by shooting, the jury were instructed that if they found the defendant believed he was in imminent danger of "bodily harm" and shot plaintiff in self-defense, their verdict should be for defendant.
The son committed an assault and battery on the plaintiff in an effort to eject him from the store as an undesirable person.
biotech.law.lsu.edu /cases/mo/Intentional_torts/Martin_v_Yeoham_assault_and_battery.htm   (6492 words)

  
 Assault And Battery Defense Lawyer Seattle WA | Redmond Felony Assault Attorney   (Site not responding. Last check: 2007-10-31)
Assault and Battery – Restitution – Felony Assault
If you have been charged with assault and battery in King County, you need to speak with an experienced Washington criminal defense attorney familiar with the local court system.
If you have been charged with assault or battery due to your involvement in a bar fight or some other physical confrontation, you need to speak with an attorney who is ready to aggressively defend your rights.
www.jpolitolaw.com /AssaultandBattery.shtml   (474 words)

  
 Workplace Fairness - Assault and Battery
The terms "assault" and "battery" are used interchangeably by many people, but each has its own legal definition.
Under some circumstances, your employer may also be responsible to you for an assault committed by a supervisor or other employee in the course of his or her duties.
In the context of employment terminations, an unlawful battery can occur when a security guard forcefully removes an employee from the premises by making physical contact with the employee or shoves the employee into his or her desk or locker while the employee is trying to gather personal belongings.
www.workplacefairness.org /index.php?page=assault   (315 words)

  
 Imhoff & Associates Criminal Defense Attorneys. Assault and Battery, domestic violence, rape, sexual assualt, assualt ...
Assault: the threat or attempt to strike another, whether successful or not, provided the target is aware of the danger.
Battery : the actual intentional striking of someone, with intent to harm, or in a "rude and insolent manner" even if the injury is slight.
Assault with a Deadly Weapon: An aggravated assaut in which the defendant, controlling a deadly weapon, threatens the victim with death or seriouse bodily injury.
www.criminalattorney.com /pages/crimes/assault_battery.htm   (578 words)

  
 Torrance Criminal Defense Lawyers - South Bay Assault and Battery Attorneys - South Bay Criminal Attorneys - McGregor & ...
A battery is the harmful or offensive touching of another person, and an assault is an attempt to commit a battery, intending to cause physical injury.
Assaults and batteries can be charged as misdemeanor or felony offenses, depending upon the particulars of the offense.
We also understand that each assault and battery case is different, and we will create a strong defense to fit the individual facts of your case.
www.mcgregor-ernenwein.com /assault_and_battery.shtml   (516 words)

  
 Larry King Law - Assault and Battery
Someone who encourages another to commit an assault or a battery may be liable even if he is not there when the assault or battery takes place A doctor may be liable for assault or battery for an unconsented operation or exceeds the scope of permission.
Many assault and battery cases arise in the context of an arrest.
If you, a friend, or loved one are the victim of an assault and battery, you should take immediate steps to protect their interest.
www.larrykinglaw.com /assaultbattaery.htm   (569 words)

  
 Florida Assault & Battery Law | Florida Domestic Violence Lawyer
(1) An "assault" is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.
(b) A person commits aggravated battery if the person who was the victim of the battery was pregnant at the time of the offense and the offender knew or should have known that the victim was pregnant.
Aggravated Battery by itself scores over 44 points on the Florida Punishment Code and is a 'mandatory prison sentence' offense, subject to certain departures from the Code.
www.cobblawfirm.com /assault_battery.htm   (464 words)

  
 San Diego Assault and Battery Lawyer   (Site not responding. Last check: 2007-10-31)
A battery (Penal Code '243) is, essentially, the “willful use of force or violence upon another.” This means, any physical contact with another person, to which that other person has not consented.
An assault (Penal Code '240) is basically an attempt at a battery.
The crime of battery requires that the defendant actually intended to commit a ‘willful and unlawful use of force or violence upon the person of another.’
www.sandiegocriminaldefense.com /assaultandbarttery.html   (273 words)

  
 California Assault & Battery Attorneys San Jose Physical Assault Defense Lawyers Sexual Assault
At Hinkle, Jachimowicz, Pointer and Mayron, our experienced California assault and battery attorneys have been providing criminal defense to the citizens of San Jose for more than 30 years.
Assault and battery (threatening and then using force to inflict injury)
If you’re facing charges for assault and battery, you need an aggressive, experienced and knowledgeable assault attorney.
www.hjpmlaw.com /practiceareas/Assault-Battery.asp   (214 words)

  
 Battery Wagner, the Assault of July 18, 1863
Report of Confederate Gen. Tallifiero, commander of Battery Wagner during the Assault.
Century Chromograph of the assault in the time's typical, imaginative style.
S.C. Artillary, Co. A, their small field artillary, positioned in the dunes beside Wagner, protected the battery's flank and threw cannister fire across the front wall of the Battery.
www.awod.com /gallery/probono/cwchas/wagner.html   (721 words)

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